Terms of Service

Welcome to Bid Intelligence, operated by Bid Intelligence ("Bid Intelligence", "we", "us", "our"), Florida, USA. By using the website at bidintel.co, the Bid Intelligence application, or the Bid Intelligence connector for AI assistants (together, the "Service"), you agree to be bound by these Terms of Service (the "Terms" or this "Agreement"), whether or not your firm holds an account. If you object to anything in these Terms or in our Privacy Policy, do not use the Service.

Please read these Terms carefully. They contain important information about your legal rights, remedies, and obligations, including a complete exclusion of our liability, your assumption of all bidding risk, and a dispute-resolution clause that requires individual arbitration.

Electronic agreement. These Terms are an electronic contract. We may modify them from time to time; modifications take effect when posted on the Service, and for material changes we will give notice as required. Your continued use of the Service after revised Terms are posted is your acceptance of the revised Terms.

1. The Service

Bid Intelligence provides bid-analysis and estimating-intelligence tools for construction contractors that bid public transportation work. The Service ingests your firm's own estimates and cost breakdowns, joins them to publicly published state transportation bid data, and returns benchmarks, competitor analysis, letting alerts, and related analytics through the application, email, and an optional connector that lets an AI assistant your firm chooses query your workspace.

2. Access and retention of this Agreement

To access and retain this electronic Agreement you need Internet access and a current web browser, at your own expense. You may print or save a copy of this page for your records; the current version is always available at bidintel.co/legal/terms.html.

3. Commercial use; authority to bind your firm

The Service is provided to businesses. If you access the Service on behalf of a company or other organization (your "firm" or "Customer"), you represent and warrant that (a) you are an authorized representative of that firm with authority to bind it to these Terms; (b) you have read and understand these Terms; and (c) you agree to these Terms on the firm's behalf. "You" in these Terms means both you individually and the firm you represent.

4. Accounts and security

Access is provisioned per firm as a workspace with roles (administrator, editor, viewer). You are responsible for maintaining the confidentiality of your credentials and for all activity under your accounts, including activity by anyone you invite or by any AI assistant you connect. You agree to (a) notify us immediately at support@bidintel.co of any unauthorized use of your account or any other breach of security, and (b) sign out at the end of each session on a shared or public computer. We offer two-factor authentication and recommend that every user enable it. We are not liable for loss or damage arising from your failure to comply with this section.

5. Your use of the Service

Your use of the Service must comply with our Acceptable Use Policy, which is part of these Terms. In particular, you must not:

• use the Service for any unlawful purpose, including bid-rigging, collusion, or other anti-competitive conduct;
• access or attempt to access another firm's workspace or data, or circumvent our per-firm isolation, authentication, or authorization controls;
• scrape, crawl, bulk-export, or systematically extract data from the Service, or use bots, scripts, or automated means to act on your behalf except through features we provide for that purpose (such as the AI connector);
• copy, adapt, reverse engineer, decompile, or attempt to derive the source code, models, or methods of the Service, except to the extent that restriction is prohibited by law;
• use the Service or its outputs to build a competing product or a separate data service that replicates any part of the Service;
• rent, sell, sublicense, resell, or transfer access to the Service or any account outside your firm;
• share credentials with, or permit access by, anyone other than your authorized personnel;
• upload malware, or interfere with or disrupt the integrity or performance of the Service, including by denial-of-service attacks or excessive automated requests;
• probe, scan, or test the vulnerability of the Service, or breach security or authentication measures, without our prior written authorization;
• remove or alter any proprietary notices in the Service;
• impersonate any person or firm, or misrepresent your affiliation; or
• harass, threaten, or abuse our personnel or other users.

We may investigate suspected violations, suspend or terminate access, and report matters to and cooperate with law enforcement. Use of the Service is with our permission, which may be revoked for violation of these Terms.

6. Customer Data: ownership, license, and your warranties

You own your data. As between the parties, your firm owns the estimates, bid sheets, cost breakdowns, pricing, and other material you upload or enter into the Service ("Customer Data"). Nothing in these Terms transfers ownership of Customer Data to us.

License to us. You grant us a limited, non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, and display Customer Data solely to provide, secure, support, and improve the Service for your firm, and as described in our Privacy Policy. We do not show your Customer Data to other firms and do not merge it into any shared benchmark or model.

Your warranties. You represent and warrant that (a) you have all rights, licenses, and permissions necessary to upload Customer Data and to grant the license above; (b) Customer Data does not infringe or violate the intellectual-property, privacy, confidentiality, or other rights of any third party; (c) Customer Data is not unlawful and does not contain malicious code; and (d) Customer Data will not create liability for us. We may remove Customer Data, suspend access, or pursue remedies if we reasonably believe it breaches these warranties.

Our role. We store and process Customer Data at your direction. We do not review it for accuracy and have no obligation to monitor it. You are solely responsible for the content and accuracy of your Customer Data and for the bids you submit based on it.

7. Public records and market data

Bid tabulations, historical cost averages, letting notices, proposal-holder lists, and similar materials in the Service are public records obtained from official government sources. They are not Customer Data and are not owned by us or by you. Our selection, arrangement, normalization, and analysis of those records, and the models and benchmarks built on them, are our proprietary work product under Section 14.

8. Analyses, predictions, and outputs

You may use the analyses, benchmarks, predictions, reports, and exports the Service produces for your firm ("Outputs") for your firm's internal business purposes, including preparing and reviewing bids. You may not resell, republish, or redistribute Outputs outside your firm, or use them to build or train a competing product. Outputs are informational and are subject to the disclaimers in Section 17 and the assumption of risk in Section 18.

9. AI assistants and third-party services

The Service can be connected to an AI assistant of your choosing through our connector. When you or your administrator authorizes a connection, questions asked through that assistant are answered from your workspace under your firm's permissions, and the answers are delivered to the assistant's provider under that provider's terms. You are responsible for the assistant you choose, for the questions your users ask it, and for revoking the connection when it is no longer needed. Connections can be reviewed and revoked in the application. The Service also links to third-party websites, including state transportation portals; we are not responsible for their content or practices.

10. Fees and billing

Paid plans are priced per firm and are set out in an order, plan selection, or separate written agreement. Unless stated otherwise, fees are in U.S. dollars, are billed in advance for each subscription period, renew automatically until cancelled, and are non-refundable except as required by law or expressly stated in your order. Payments are processed by our payment processor under its terms; we do not store card numbers. You are responsible for applicable taxes other than taxes on our income. We may suspend access for non-payment after notice. If we terminate your subscription for breach of these Terms, you are not entitled to a refund of unused fees.

11. Term and termination

These Terms apply while you use the Service. You may cancel your firm's subscription at any time by contacting support@bidintel.co; cancellation takes effect at the end of the current billing period unless your order says otherwise. We may suspend or terminate access on notice to the email address on file for material breach of these Terms or the Acceptable Use Policy, for non-payment, if required by law, or if we discontinue the Service. On termination your right to use the Service ends; we will make Customer Data available for export for a limited window and then delete it in accordance with our retention practices. Sections that by their nature should survive termination (including Sections 6 through 8 and 14 through 25) survive.

12. Modifications to the Service

We may modify, improve, or discontinue the Service or any feature, temporarily or permanently, with or without notice, and we will not be liable to you or any third party for doing so. Where practical we will give advance notice of material reductions in functionality to paying customers.

13. Blocking and rate limiting

To protect the integrity of the Service we may rate-limit requests, block traffic from particular IP addresses or clients, and revoke connector tokens or connections that appear abusive, at our discretion.

14. Proprietary rights

The Service, including its software, design, user interface, text, data models, benchmarks, prediction methods, documentation, and the selection and arrangement of public records (collectively, the "Bid Intelligence Materials"), is owned by Bid Intelligence and its licensors and is protected by copyright, trade-secret, trademark, and other intellectual-property laws. Except for the limited rights expressly granted in these Terms, we reserve all rights. You may not copy, modify, publish, transmit, distribute, display, sell, or create derivative works of the Bid Intelligence Materials, and you may not use them to build a competing service. You acknowledge that a breach of this section would cause irreparable harm for which we may seek injunctive relief without posting bond, in addition to any other remedy. "Bid Intelligence" and our logo are our marks; all other marks are the property of their respective owners.

15. Copyright policy

We respect intellectual-property rights and prohibit uploading material that infringes the rights of others. If you believe content on the Service infringes your copyright, send a notice under the Digital Millennium Copyright Act (17 U.S.C. § 512) to support@bidintel.co containing: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the material claimed to be infringing and where it is located on the Service; (c) your name, address, telephone number, and email address; (d) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner's behalf; and (f) your physical or electronic signature. We will respond as required by law and may terminate the accounts of repeat infringers. U.S. law provides penalties for false notices.

16. Confidentiality

Each party may receive confidential information of the other, including your Customer Data and our non-public product, pricing, and technical information. Each party will protect the other's confidential information with at least reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and contractors who need to know it and are bound by comparable obligations, or as required by law with prompt notice where permitted. These obligations do not apply to information that is public through no fault of the receiving party, was already known to it, or was independently developed.

17. Disclaimers; no government affiliation

The Service and all Outputs, including benchmarks, competitor analyses, and predicted winning bids, are provided "as is" and "as available" for informational purposes only and do not constitute bidding, estimating, financial, legal, or other professional advice. Predictions are statistical estimates derived from historical public data; they can be wrong, and past results do not guarantee future outcomes. We do not warrant that the Service or any Output will be accurate, complete, timely, error-free, uninterrupted, or fit for a particular purpose, or that public records we ingest are free of errors made by their publishers. You are solely responsible for your bids, your prices, and your business decisions. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Nothing in the Service or in any communication from us creates a promise or guarantee contrary to this section.

No government affiliation. Bid Intelligence is an independent service and is not affiliated with, endorsed by, sponsored by, or otherwise connected to the Florida Department of Transportation (FDOT) or any other government agency. FDOT bid tabulations, historical cost averages, letting notices, and related materials are public records obtained from official government sources; we reference the FDOT name and any agency, contractor, or firm names solely to identify the source or subject of that public information.

18. Assumption of risk; no liability

The Service is a tool. You use it entirely at your firm's own risk. Bidding public work involves judgment, and every number in the Service is an input to that judgment, not a substitute for it. You alone decide whether to bid, what to bid, and how to price each item, and you accept all consequences of those decisions.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BID INTELLIGENCE AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL HAVE NO LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR ANY OUTPUT, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, AND HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STATUTE, INDEMNITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR ANY LOST BID, LOST AWARD, REJECTED OR IRREGULAR BID, MISPRICED ITEM, UNBALANCED BID, BID SUBMITTED OR WITHHELD IN RELIANCE ON THE SERVICE, OR ANY PROFIT, REVENUE, CONTRACT, MARGIN, OR OPPORTUNITY YOU DID NOT OBTAIN, NOR FOR LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COST OF SUBSTITUTE SERVICES, OR ERRORS IN PUBLIC RECORDS WE INGEST. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT AND CANCEL YOUR SUBSCRIPTION.

Some jurisdictions do not allow the exclusion of certain liabilities. In those jurisdictions our liability is excluded and limited to the fullest extent the law allows, and nothing in these Terms excludes liability that cannot lawfully be excluded.

19. Indemnity

You will defend, indemnify, and hold harmless Bid Intelligence and its owners, officers, employees, contractors, and agents from any loss, liability, claim, demand, or expense, including reasonable attorneys' fees, arising out of or related to (a) your use of the Service in violation of these Terms or applicable law; (b) your Customer Data, including any claim that it infringes or misappropriates a third party's rights; (c) any bid, contract, or business decision your firm makes; or (d) any activity under your accounts or through an AI assistant you connected, whether or not authorized by you, unless caused by our breach of these Terms.

20. Attorneys' fees

In any action or proceeding arising out of or relating to these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees and costs from the other party.

21. Eligibility

The Service is intended for businesses and their personnel. You must be at least 18 years old and able to form a binding contract to use it. The Service is not directed to children.

22. Privacy

Use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms.

23. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Subject to Section 24, you consent to the exclusive jurisdiction and venue of the state courts located in Bay County, Florida, and the federal courts whose district includes Bay County, Florida, for any dispute not subject to arbitration, and you agree to accept service of process by certified mail, return receipt requested, at the address on file for your firm, with the same effect as personal service.

24. Arbitration; no class actions

Informal resolution first. Before starting arbitration, either party will send the other a written description of the dispute (to us at support@bidintel.co; to you at the email address on file) and the parties will attempt in good faith to resolve it for thirty (30) days.

Binding arbitration. Except where prohibited by law, any dispute, claim, or cause of action arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and, where applicable, its Expedited Procedures, before a single arbitrator. The arbitration will be conducted in Bay County, Florida (or by video conference if the parties agree), the parties will share the arbitrator's fees equally unless the arbitrator decides otherwise, and judgment on the award may be entered and confirmed in the courts described in Section 23 or any other court of competent jurisdiction. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in the courts described in Section 23 to protect its intellectual property or confidential information.

No class actions. Disputes will be resolved only on an individual basis. You and Bid Intelligence each waive any right to bring or participate in a class, collective, or representative action, and the arbitrator may not consolidate claims of different customers.

25. General terms

• Entire agreement. These Terms, the Acceptable Use Policy, the Privacy Policy, and any order or written agreement between us make up the entire agreement regarding the Service and supersede prior agreements on that subject. If an order or signed agreement conflicts with these Terms, the order or signed agreement controls for that firm.
• Severability; waiver. If any provision is found invalid, the remaining provisions remain in full force. No waiver of any term is a further or continuing waiver, and our failure to enforce a term does not waive our right to enforce it later.
• Assignment. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• No third-party beneficiaries. Except as expressly provided, there are no third-party beneficiaries to these Terms.
• Use outside the United States. The Service is operated from the United States. If you access it from elsewhere you do so at your own risk, are responsible for complying with local law, and consent to your information being processed in the United States as described in the Privacy Policy.
• Notices. We may give notice by email to the address on file for your firm or by posting in the Service. Notices to us go to support@bidintel.co.
• Headings. Section headings are for reference only and do not affect interpretation.

26. Contact

Questions about these Terms? Contact Bid Intelligence at support@bidintel.co.