Terms of Service

These Terms are the agreement between you and BidBook. By creating an account or using BidBook, you agree to them. If you're agreeing on behalf of a company, you're confirming you have the authority to bind that company.

BidBook is provided by Swiss Masonry LLC ("BidBook," "we," "us," "our"), 4974 Beechwood Rd, Cincinnati, OH 45244. Questions: business@swissmasonry.org.

1. What BidBook is

BidBook is software for trade contractors — masonry, plumbing, electrical, HVAC, general contractors, and remodelers. You use it to build estimates, send invoices, write and send contracts, collect e-signatures, take payments, manage change orders, and share documents with your customers. It runs in the browser, installs as a Progressive Web App, and ships as mobile apps for Android and iOS.

BidBook is a tool you use to run your own business. We are not a party to any agreement between you and your customers. When you quote, contract with, sign with, or collect from your customers, that's your deal with them — not ours. See Section 6.

2. Your account

• You must give accurate sign-up information and keep it current.
• You're responsible for everything that happens under your account, including keeping your password safe. Tell us at business@swissmasonry.org if you suspect unauthorized access.
• You must be at least 18 and able to enter a binding contract.
• One person or business per account, unless we agree otherwise. You're responsible for anyone you invite into your workspace.

3. Plans, fees, and payments

Subscription plans. BidBook offers a free plan and may offer paid plans. The free plan includes real features — payments, change orders, and genuine audit-trailed e-signature. Paid plan prices, features, and billing terms are shown when you choose a plan and are part of these Terms.

Where you buy. You can only buy or upgrade a BidBook subscription on getbidbook.com or the web app — never inside the iOS app. The mobile apps are tools for running your business with software you already subscribe to; they don't sell the subscription.

Payment processing through Stripe. Payments your customers make to you, and any subscription fees you pay us, are processed by Stripe. To accept payments you'll connect a Stripe account through Stripe Connect and agree to Stripe's terms. Full card and bank numbers go directly to Stripe; BidBook never stores them.

Processing fees. When your customers pay you through BidBook, the following processing fees apply:

• Card payments: 3.4% + 30¢ per transaction.
• ACH bank payments: about 1% per transaction.

These fees cover payment processing and are subject to change with notice; current fees are always shown in the app. Payouts to you are handled by Stripe on Stripe's schedule. Taxes, chargebacks, refunds, and disputes on payments your customers make are between you, your customer, and Stripe under Stripe's terms; BidBook is not the merchant of record for your customers' payments.

4. Acceptable use

Don't use BidBook to:

• Break the law or help anyone else break it.
• Send spam, phishing, or deceptive messages, or contact people who haven't agreed to hear from you.
• Upload malware, or probe, scan, or try to breach the service or other tenants' data.
• Reverse engineer, scrape, or resell the service except as the law expressly allows.
• Impersonate anyone, or misrepresent who you are when sending an estimate, contract, or invoice.
• Infringe anyone's intellectual property or upload content you don't have the right to use.
• Use BidBook for fraud, money laundering, or any transaction Stripe prohibits.

We can suspend or close accounts that violate this section.

5. Electronic signatures — legal validity and your consent

BidBook includes native, audit-trailed e-signature. Signatures captured through BidBook are intended to be legally valid and enforceable under the federal Electronic Signatures in Global and National Commerce Act (ESIGN, 15 U.S.C. §7001 et seq.) and the Uniform Electronic Transactions Act (UETA) as adopted in your state.

• Consent to do business electronically. By signing, accepting, or paying through BidBook, you consent to do business electronically and to receive records — including contracts, disclosures, receipts, and notices — in electronic form. You confirm you can access and retain PDF and web documents on the device you're using.
• Intent to sign. A signer signs by taking a clear, designated action — checking the consent box and then clicking "Sign," "Accept," or "Agree," and typing or drawing their signature. That action shows their intent to sign and to be bound, the same as a wet-ink signature on paper.
• Paper copies and withdrawing consent. You may request a paper copy of any record, and you may withdraw consent to electronic records, by contacting the contractor on your document or BidBook at business@swissmasonry.org. Withdrawing consent applies going forward and does not affect the validity of documents you already signed electronically.
• Record retention and audit trail. BidBook captures and retains the signature (typed text or drawn strokes), an audit trail (signer name and email, IP address, device and browser, and the timestamp of each action), and an audit certificate stored with the signed document. This retained, reproducible record is part of how the signature satisfies ESIGN and UETA.

BidBook provides the signing tool and the evidence layer. The contract being signed is between you and your customer; BidBook is not a party to it (Section 6). BidBook does not give legal advice and does not warrant that any particular contract you create is valid or enforceable for your transaction — that's between you, your customer, and your own counsel.

6. BidBook is not a party to your contracts

Estimates, contracts, change orders, and invoices you create in BidBook are agreements between you and your customers. BidBook is not a party to them, doesn't review them, and isn't responsible for them. We don't guarantee that a customer will accept an estimate, sign a contract, pay an invoice, or perform their side of any deal. Disputes over the work, the price, cancellation rights, or payment are between you and your customer.

7. Your content and your customers' data

You keep ownership of the content you put into BidBook — your business records, your customers' data, your photos, and the documents you generate. You grant BidBook the limited rights needed to host, process, display, and back up that content so we can run the service for you. You're responsible for having the right to upload and use the content you put in, and for handling your customers' personal data lawfully. How we handle data is described in the Privacy Policy.

8. Service availability and changes

We work to keep BidBook running but don't promise it will be uninterrupted or error-free. We may add, change, or remove features over time. We may perform maintenance that briefly affects availability.

9. Disclaimers

BidBook is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will meet your needs, that contracts or documents you create will be legally sufficient, or that payments will always process without issue. State-specific contract templates and cancellation notices are provided as-is and are not legal advice.

10. Limitation of liability

To the fullest extent the law allows:

• BidBook is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption.
• BidBook's total liability for any claim relating to the service is capped at the greater of the amount you paid BidBook in the 12 months before the claim, or US $100.

Some jurisdictions don't allow certain limitations, so parts of this section may not apply to you.

11. Indemnification

You'll defend and indemnify BidBook against claims, losses, and costs arising from your use of the service, your content, your contracts and dealings with your customers, your violation of these Terms, or your violation of the law or anyone's rights.

12. Termination

You can stop using BidBook and close your account any time. We may suspend or terminate your access if you breach these Terms, create risk or legal exposure, or don't pay fees due. On termination, your right to use the service ends. We'll make your data available for export for a reasonable window except where the law requires us to keep certain records (such as signed contracts and tax records). Sections that should survive termination — fees owed, disclaimers, liability limits, indemnification, arbitration, and governing law — survive.

13. Governing law

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-laws rules. Subject to the arbitration agreement in Section 14, the state and federal courts located in Hamilton County, Ohio have exclusive jurisdiction over any dispute not subject to arbitration, and the parties consent to personal jurisdiction there.

14. Binding arbitration and class-action waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

• Agreement to arbitrate. You and BidBook agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, rather than in court, except as set out below. The Federal Arbitration Act governs the interpretation and enforcement of this section.
• Arbitration procedure. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. It will be held in Hamilton County, Ohio, or by video or phone, or — for claims under US $25,000 — by document submission only, at your election. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.
• Class-action waiver. You and BidBook agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.
• Small-claims carve-out. Either party may instead bring an individual claim in small-claims court if it qualifies and stays in that court.
• Injunctive-relief carve-out. Either party may seek injunctive or equitable relief in court to protect its intellectual property or stop unauthorized access to the Service.
• 30-day opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing business@swissmasonry.org with your name, account email, and a clear statement that you opt out of arbitration. Opting out doesn't affect any other part of these Terms.
• Severability. If the class-action waiver is found unenforceable for a particular claim, that claim (and only that claim) is severed and may proceed in court; the rest of this section still applies.

15. Changes to these Terms

We may update these Terms. When we do, we'll change the effective date and, for material changes, give notice by email or in-app. Continuing to use BidBook after a change means you accept the updated Terms.

16. Contact

Email business@swissmasonry.org with any question about these Terms. Mailing address: Swiss Masonry LLC, 4974 Beechwood Rd, Cincinnati, OH 45244.