Last updated: June 1, 2025
By accessing or using SmartBid AI (the "Service"), operated by SmartBid AI ("we," "us," or "our"), you agree to be bound by these Terms of Service (the "Terms"). If you do not agree to these Terms, do not use the Service. The Service is intended for contractors and home-service businesses ("you," "your") operating in the United States.
SmartBid AI provides software tools that use artificial intelligence to assist contractors with generating estimates, proposals, invoices, follow-up communications, material calculations and lead management. The Service is a productivity tool only. It does not provide legal, financial, accounting, engineering, structural, code-compliance, or professional contracting advice.
The Service produces output using large language models and other automated systems. AI output is generated probabilistically and is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, including but not limited to:
You acknowledge and accept that AI output may be wrong. Without limitation, AI output may invent material names, miscalculate quantities, quote outdated prices, miss safety requirements, suggest non-compliant methods, or produce text that misrepresents the nature of a project. You will independently verify every line item, price, quantity, timeline, calculation, and statement before:
The decision to use, modify, send or rely on any AI output is solely yours, made in your professional judgment as a licensed contractor or trade professional.
You agree that you are solely responsible for:
To the maximum extent permitted by law, the Service and all AI output are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, and quiet enjoyment.
We do not warrant that the Service will be uninterrupted, error-free, secure, free of viruses, or that defects will be corrected. We do not warrant any results that may be obtained from use of the Service, including any revenue, profit, win-rate, or business outcome.
To the fullest extent permitted by applicable law, in no event shall SmartBid AI, its affiliates, officers, employees, agents, suppliers, or licensors be liable for any:
In any event, the total aggregate liability of SmartBid AI for any and all claims arising out of or related to these Terms or your use of the Service shall not exceed the greater of (a) the amount you paid us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). This cap applies in the aggregate to all claims of all kinds.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above may not apply to you. In such cases, our liability is limited to the smallest extent permitted by applicable law.
You agree to defend, indemnify and hold harmless SmartBid AI and its affiliates, officers, employees, agents, suppliers and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or relating to:
Paid subscriptions to the Service are billed in advance on a monthly recurring basis through Stripe. You authorize us to charge your payment method for all applicable fees. Subscriptions automatically renew unless cancelled before the renewal date. All fees are non-refundable except as required by law. You may cancel at any time; cancellation takes effect at the end of the current billing period. We may change pricing on 30 days' notice.
You agree not to: (a) use the Service for any illegal purpose; (b) attempt to reverse-engineer, decompile or extract source code; (c) use the Service to send spam, unsolicited commercial communications, or content that violates TCPA, CAN-SPAM, or similar laws; (d) probe or attack our infrastructure; (e) resell or sublicense the Service without our written consent; (f) input customer or third-party data that you are not authorized to process; (g) use the Service to generate content that is fraudulent, defamatory, threatening, harassing, or otherwise unlawful. We may suspend or terminate accounts that violate these rules.
The Service integrates with third-party providers including but not limited to OpenAI (AI models), Stripe (payments), Clerk (authentication), Resend (email), Twilio (SMS), and MongoDB (data storage). Your use of these integrations is also subject to those providers' terms. We are not responsible for the acts or omissions of any third party. Outages or errors caused by third-party services are not our responsibility.
You retain ownership of all content and data you submit to the Service. You grant us a limited, non-exclusive, royalty-free license to host, store, process and display your content solely for the purpose of operating and improving the Service. We will not sell your data. AI model providers (e.g., OpenAI) may process your prompts and content under their own terms; we use providers that contractually do not train models on customer data, but you should not submit information you are not authorized to share with such providers.
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to a violation of these Terms. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including disclaimers, limitations of liability and indemnification) shall survive.
We may modify the Service or these Terms at any time. Material changes will be communicated by updating the "Last updated" date and, where practical, in-product notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
These Terms are governed by the laws of the State of [YOUR STATE], without regard to its conflict-of-laws principles. Any dispute, claim or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with arbitration held in [YOUR COUNTY], [YOUR STATE]. You and we agree that any dispute will be brought in an individual capacity only and not as a plaintiff or class member in any purported class or representative proceeding. The Federal Arbitration Act governs the interpretation and enforcement of this provision. You may opt out of arbitration within 30 days of first accepting these Terms by emailing us; otherwise this clause is binding.
These Terms constitute the entire agreement between you and us regarding the Service and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions remain in full force. Our failure to enforce any right is not a waiver. You may not assign these Terms; we may assign them freely.
For questions about these Terms, contact us at: support@smartbidai.org