Terms of Use

By creating an account, accessing, or using any of the Bildgaard Services — including Bid Radar, Timesheets, Estimator, Daily Report, Takeoff, and the Bildgaard Dashboard (collectively, the "Services") — you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms. If you do not agree to these Terms, do not use the Services.

Bildgaard provides a suite of AI-powered software tools designed for the construction industry, including but not limited to:

• Bid Radar — automated bid discovery, monitoring, and AI-powered bid intelligence
• Timesheets — crew time tracking, GPS clock-in/out, payroll integration, and labor cost analytics
• Estimator — AI-generated bid proposals, scope of work drafting, and competitor intelligence
• Daily Report — digital field reporting, GPS-tagged photo documentation, and voice-to-text notes
• Takeoff — AI-assisted plan measurement, cost estimation, and takeoff automation
• Bildgaard Dashboard — unified analytics and executive briefings across all products

Bildgaard reserves the right to modify, suspend, or discontinue any feature or Service, and to change its systems and technology, at any time.

To use the Services, you must create an account using a valid Google account via Google OAuth 2.0. You are responsible for:

• Maintaining the confidentiality of your account credentials and session tokens
• All activity that occurs under your account, whether authorized by you or not
• Promptly notifying Bildgaard at legal@getbildgaard.com of any unauthorized use of your account
• Ensuring all information you provide during registration and use is accurate and kept up to date

You may not share your account with others or allow third parties to access the Services through your credentials. Each seat or user on your subscription must be individually licensed.

4.1 Subscription Plans

The Services are offered on a subscription basis with tiered plans (Core, Pro, Max) that vary by product. Plan pricing and features are described at getbildgaard.com/pricing. Bildgaard reserves the right to change pricing with 30 days' notice to existing subscribers.

4.2 Billing

Subscriptions are billed monthly or annually in advance. Payment is processed by Stripe, Inc. By providing a payment method, you authorize Bildgaard to charge you on a recurring basis until you cancel. All fees are in USD and are non-refundable except as described in Section 4.4 or as required by applicable law.

4.3 Free Trials

Each product includes one 14-day free trial of its Max-tier plan. Only one free trial is permitted per product per customer, and only of the Max tier. No payment method is required to start a trial. If you choose a plan and add payment details during the trial, you keep the Max tier until the trial ends, and your chosen plan and its subscription fee start then unless you cancel before the trial ends. Subscribing to a lower tier outside a trial starts billing immediately. If a trial ends without payment details, the subscription ends and your account becomes read-only until you subscribe.

4.4 Cancellation and Refunds

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period; you retain access to the Services through that date. Bildgaard does not provide prorated refunds for partial billing periods, except where required by law or at Bildgaard's sole discretion in cases of service failure.

4.5 Multi-Product Bundles

Bundle discounts apply when subscribing to two or more products. Discount rates are subject to change; existing subscribers are grandfathered for the current billing period in which the discount was applied.

You agree not to use the Services to:

• Violate any applicable federal, state, or local law or regulation
• Upload or transmit content that is unlawful, fraudulent, defamatory, or infringes any third party's intellectual property rights
• Reverse engineer, decompile, disassemble, or attempt to derive source code from any part of the Services
• Resell, sublicense, or otherwise make the Services available to unauthorized third parties
• Attempt to gain unauthorized access to any Bildgaard system, network, or another customer's data
• Interfere with or disrupt the integrity or performance of the Services or related infrastructure
• Use automated scripts or bots to access the Services in a manner not permitted
• Use AI-generated outputs from the Services to train or develop competing AI models

Fair use of photos and video. Plans that include unlimited photos and videos are for documenting your own projects. Each photo can be up to 25 MB and each video up to 500 MB, within the video length your plan allows. Using the Services as general file storage, backup or video hosting is not covered. If your use is far beyond normal job documentation, we will contact you before limiting it.

Bildgaard reserves the right to suspend or terminate access for violations of this section without prior notice.

6.1 Bildgaard Ownership

The Services, including all software, AI models, algorithms, interfaces, logos, and documentation, are and remain the exclusive property of Bildgaard and its licensors. These Terms do not grant you any right, title, or interest in the Services beyond a limited license to use them in accordance with these Terms.

6.2 Your Content

You retain all ownership rights to documents, data, reports, and other content you upload to the Services ("Your Content"). By uploading Your Content, you grant Bildgaard a limited, non-exclusive license to process Your Content solely to provide the Services to you. Bildgaard does not claim ownership of Your Content and will not use it for any purpose other than providing the Services, as described in our Privacy Policy.

6.3 AI-Generated Outputs

Outputs generated by the Services' AI features (proposals, summaries, estimates, reports, etc.) based on Your Content are considered works made for hire and are assigned to you, subject to your subscription being current. You are responsible for reviewing AI-generated outputs for accuracy before relying on them for business decisions.

6.4 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant Bildgaard an irrevocable, royalty-free, perpetual license to use that feedback for any purpose without attribution or compensation.

The Services incorporate AI and machine learning features to assist with construction operations. You acknowledge and agree that:

• AI-generated outputs (bid recommendations, proposals, estimates, cost projections, compliance assessments, etc.) are provided for informational purposes only and do not constitute professional engineering, legal, or financial advice
• You are solely responsible for reviewing, validating, and approving any AI-generated content before relying on it for bids, payroll, safety decisions, or any other business purpose
• Bildgaard does not guarantee the accuracy, completeness, or fitness for purpose of AI-generated outputs
• AI outputs may contain errors, omissions, or outdated information — you assume all risk associated with acting on AI-generated content without independent verification

Each party agrees to keep the other's confidential information (including business data, technical information, and pricing terms) strictly confidential and not to disclose it to third parties without prior written consent, except as required by law or as necessary to provide the Services. This obligation does not apply to information that is or becomes publicly known through no breach of this section.

Bildgaard warrants that it will provide the Services with reasonable care and skill and in material conformance with its documentation. Beyond this warranty:

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. BILDGAARD DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC BUSINESS REQUIREMENTS OR THAT AI-GENERATED OUTPUTS WILL BE ACCURATE OR COMPLETE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BILDGAARD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST BIDS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BILDGAARD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BILDGAARD IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless Bildgaard and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services in violation of these Terms; (b) Your Content; (c) your violation of any applicable law; or (d) your violation of any third party's rights.

Either party may terminate these Terms at any time for any reason upon written notice. Bildgaard may suspend or terminate your access immediately and without notice if:

• You breach any material provision of these Terms
• Your subscription payment fails and is not cured within 7 days
• Bildgaard is required to do so by law or to protect the security of the Services or other users

Upon termination, your right to access the Services immediately ceases. Sections 6, 7, 9, 10, 11, 13, and 14 survive termination.

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Services will first be subject to informal resolution. You agree to contact Bildgaard at legal@getbildgaard.com to attempt to resolve the dispute informally before initiating formal proceedings.

If the dispute is not resolved within 30 days of informal notice, you agree that any dispute will be resolved by binding individual arbitration under the rules of the American Arbitration Association ("AAA") in a mutually agreed location or by videoconference. Class action and class arbitration are expressly waived — disputes must be brought on an individual basis only.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

Entire Agreement: These Terms, together with our Privacy Policy and any applicable Order Form, constitute the entire agreement between you and Bildgaard with respect to the Services and supersede all prior agreements.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Failure to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision.

Assignment: You may not assign or transfer these Terms or any rights hereunder without Bildgaard's prior written consent. Bildgaard may assign these Terms in connection with a merger, acquisition, or sale of assets.

Updates: Bildgaard may update these Terms at any time by posting a revised version. Continued use of the Services after the effective date of any update constitutes acceptance of the revised Terms.

Questions about these Terms of Use should be directed to:

Bildgaard, Inc.
legal@getbildgaard.com