EZ Site Bid, LLC — Terms and Conditions of Use

Effective Date: [August 4, 2026]

These Terms and Conditions (the “Terms”) are agreed to by (i) EZ Site Bid, LLC (“EZ Site Bid,” “we,” “us,” “our”), a South Carolina limited liability company with its mailing address at P.O. Box 118, Johns Island, SC 29457, (ii) the “Customer” (as defined below), and (iii) You, the “Authorized User” (as defined below) accessing the Services on behalf of Customer.

By clicking “I agree” (or a similar affirmation), creating an account, logging in, or otherwise accessing or continuing to use the Services, You represent and warrant that:

• You are at least 18 years old;
• You are an Authorized User of a legal entity operating in the construction or related trades;
• You agree to these Terms; and
• You have authority to bind the Customer.

You further agree that clicking to accept these Terms, or accessing the Services, has the same legal effect as a handwritten signature, and You consent to enter into this Agreement electronically and to receive all agreements, notices, disclosures, and other communications from EZ Site Bid in electronic form.

Priority of Agreements. If there is a separate written agreement between EZ Site Bid and Customer (e.g., subscription order form, statement of work, or master subscription agreement), that agreement will prevail in the event of a conflict with these Terms.

READ CAREFULLY. THESE TERMS FORM A BINDING AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

Contact. EZ Site Bid Legal Department. Email: [email protected]. Mailing: P.O. Box 118, Johns Island, SC 29457.

1. Definitions

Aggregated/De-identified Data means data or metrics derived from Content or from use of the Services that do not identify Customer, any Authorized User, or any individual, and that cannot reasonably be used to re-identify any of them.

Agreement means these Terms, together with any Order Form, Statement of Work (“SOW”), or Data Processing Addendum (“DPA”) incorporated by reference.

Application means the EZ Site Bid software platform, including calculators, templates, forecasting tools, and any add-ons or modules.

Authorized User means any individual whom Customer authorizes to access the Services. Each Authorized User must have unique login credentials.

Confidential Information means non-public information disclosed by one party to the other that is marked or identified as confidential, or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. It does not include information that: (a) is or becomes public without breach of these Terms; (b) was rightfully known to the recipient without a duty of confidentiality; (c) is independently developed without use of the discloser’s Confidential Information; or (d) is rightfully obtained from a third party without restriction.

Content means data, files, drawings, takeoffs, estimates, budgets, schedules, comments, and other materials uploaded to or generated in the Services by or for Customer.

Customer means the organization that registers an account, executes an Order, or otherwise uses the Services under these Terms.

Documentation means the online guides, help files, or specifications for the Services provided by EZ Site Bid.

Drawings/Plans means plans, blueprints, specifications, and related design information used with the Services.

Free Trial means temporary use of the Services for evaluation only, with no payment, data retention guarantees, or warranties.

Order Form means the document (including online checkout) specifying the Services, Subscription Term, fees, number of seats, and other commercial terms.

Privacy Notice means EZ Site Bid’s Privacy Policy available at ezsitebid.com.

Professional Services means onboarding, training, configuration, or consulting identified in an Order Form or SOW.

Service(s) means, collectively, the Application, the website at ezsitebid.com and related subdomains, Professional Services, and any future AI Services.

Subscription Term means the paid period of use specified in the Order Form (monthly or annual).

2. License and Use

2.1 License. Subject to these Terms and timely payment, EZ Site Bid grants Customer a limited, non-exclusive, non-transferable, revocable license during the Subscription Term to use the Services for internal business purposes only.

2.2 Credential Restrictions. Each Authorized User must use unique login credentials. Sharing credentials is prohibited. Customer is responsible for all actions under its accounts.

2.3 Prohibited Uses. Customer and Authorized Users shall not:

• Copy, modify, or create derivative works of the Services;
• Reverse engineer, decompile, or attempt to discover source code;
• Circumvent security, usage, or technical restrictions;
• Introduce malware or harmful code;
• Resell, sublicense, lease, or provide access outside Customer’s organization;
• Misuse the Services for unlawful, harmful, or competitive purposes.

2.4 U.S. Only. EZ Site Bid is a U.S.-based company. The Services are not offered outside the United States. If you access from outside the U.S., you do so at your own risk and agree to indemnify and hold EZ Site Bid harmless from any resulting liability.

3. Intellectual Property

3.1 Ownership. EZ Site Bid and its licensors retain all rights in the Services, Documentation, software, features, designs, and know-how. No rights are granted except as expressly provided.

3.2 Customer Content. Customer owns Customer Content. Customer grants EZ Site Bid a license to host, process, and use Content solely to provide and improve the Services. EZ Site Bid may also generate and use Aggregated/De-identified Data for any lawful business purpose, including to operate, secure, analyze, and improve the Services, provided that EZ Site Bid does not identify Customer or any Authorized User.

3.3 Drawings/Plans. Customer is responsible for compliance with all rights and restrictions imposed by the owner of Drawings/Plans.

3.4 Feedback. Customer grants EZ Site Bid a perpetual, royalty-free license to use suggestions or feedback for any purpose.

4. Data, Privacy, and Security

4.1 Privacy Notice. Use of the Services is subject to our Privacy Notice.

4.2 Data Retention. Customer is solely responsible for coordinating any required data exports before termination or cancellation. EZ Site Bid retains data for 90 days after termination for paying Customers. Data may be permanently deleted thereafter. Free Trial accounts have no retention obligations.

4.3 Security. EZ Site Bid implements commercially reasonable safeguards but does not guarantee absolute security. Customer is responsible for configurations, backups, and Authorized User practices. If EZ Site Bid confirms an unauthorized acquisition of Customer Content within its systems, it will notify Customer without undue delay and as required by applicable law, and will take reasonable steps to investigate and mitigate the incident. Except as required by law, this notice and reasonable assistance are EZ Site Bid’s sole obligations in connection with a security incident.

5. AI Services (Anticipated)

Customer acknowledges and agrees that AI may be used to provide or augment services under these Terms. Customer consents to such use. AI outputs may not be accurate, complete, or reliable, and Customer agrees to use professional judgment and assume full responsibility for reliance on outputs.

6. Support and Maintenance

6.1 Support Hours. EZ Site Bid provides support during normal business hours (8:00 a.m. – 5:00 p.m. Eastern Time, Monday – Friday, excluding U.S. holidays). Special procedures may apply for bug reporting, direct assistance, or consulting.

6.2 Maintenance. EZ Site Bid may update or modify the Services at its discretion. Scheduled or emergency maintenance may limit access.

7. Fees, Billing, and Taxes

7.1 Fees. Customer shall pay all fees set forth in the applicable Order Form.

7.2 Billing. Fees are billed in advance and non-refundable, except as expressly provided. Customer authorizes EZ Site Bid and its payment processor to store Customer’s payment method and to charge it on a recurring basis for all fees when due, including at each renewal, until the Subscription is canceled. If a charge fails, EZ Site Bid may retry it and may suspend the Services under Section 8.2 until payment is received. Customer must keep its payment and billing information current.

7.3 Auto-Renewals. Before Customer’s initial purchase, EZ Site Bid discloses that the Subscription renews automatically, the renewal frequency, and the applicable fee, and Customer affirmatively accepts those terms at checkout.

• Monthly plans renew automatically month-to-month until canceled.
• Annual plans, if offered, auto-renew for the same plan unless the plan has been replaced with a new offering, in which case EZ Site Bid will notify Customer in advance.

Customer may cancel at any time through the account settings in the Application or by contacting EZ Site Bid at [[email protected] / 888.338.1095]. Cancellation takes effect at the end of the then-current billing period and stops future renewals; it does not entitle Customer to a refund of amounts already paid for the current period, except as expressly provided or required by law. For annual plans, EZ Site Bid will send a renewal reminder to the account email a reasonable time before the renewal date.

7.4 Taxes. Fees are exclusive of applicable taxes, which Customer must pay (excluding EZ Site Bid’s income taxes).

7.5 Price Changes. EZ Site Bid may change the fees that apply to a renewal term. EZ Site Bid will notify Customer of a fee increase at least thirty (30) days before it takes effect, at the email associated with the account. The changed fee applies from the next renewal unless Customer cancels before the renewal date.

8. Term; Suspension; Termination

8.1 Term. These Terms remain effective during the Subscription Term.

8.2 Suspension. EZ Site Bid may suspend Services if: (a) payments are overdue by more than 10 days, (b) Customer violates these Terms, or (c) required by law.

8.3 Termination. Either party may terminate for material breach not cured within 30 days after notice. EZ Site Bid may terminate immediately for unlawful use or IP infringement.

8.4 Effect. Upon termination, Customer must cease use of the Services. No refunds are provided except as expressly stated.

8.5 Customer’s Sole Remedy; Acceptance. CUSTOMER’S SOLE AND EXCLUSIVE RIGHT AND REMEDY under these Terms, and in connection with use of the Site, Application, platform, Services, or any portion thereof, is to cease such use and terminate its Subscription in accordance with these Terms and to notify EZ Site Bid of any issues encountered. Continued use constitutes Customer’s express agreement to accept the Services AS-IS, subject to all disclaimers, waivers, and limitations herein.

9. Warranties and Disclaimers

9.1 Limited Warranty. The Services will substantially conform to Documentation during the Subscription Term. Remedies are limited to correction, workaround, or pro-rated refund of prepaid fees.

9.2 Exclusions. No warranty applies to misuse, modifications not made by EZ Site Bid, or non-EZ Site Bid systems.

9.3 Free Trial. Free Trials are provided “AS IS”, with no warranties, commitments, or data retention.

9.4 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

9.5 Estimates and Outputs. The Services are estimating and productivity tools. Takeoffs, quantities, measurements, pricing, estimates, proposals, and other outputs depend on the Drawings/Plans, inputs, and settings that Customer provides, and are furnished for Customer’s internal decision-support only. EZ Site Bid does not warrant the accuracy or completeness of any output. Customer is solely responsible for independently reviewing and verifying all outputs before relying on them, including before submitting any bid, proposal, or price. The Services are not, and are not a substitute for, professional engineering, surveying, architectural, or other licensed or professional services or advice.

10. Indemnification

10.1 By Customer. Customer shall indemnify and hold harmless EZ Site Bid from claims, damages, or expenses arising from:

• Customer Content;
• Customer’s or Users’ violation of these Terms or law;
• Unauthorized or unlawful use of the Services;
• Access or use of the Services outside the United States.

10.2 Waiver of Claims. By using the Services, Customer and its Authorized Users waive all rights and claims to any awards, penalties, or compensation arising from such use, except as expressly provided herein.

11. Limitation of Liability

To the maximum extent permitted by law:

• EZ Site Bid is not liable for indirect, incidental, special, or consequential damages (including loss of profits, data, or business).
• EZ Site Bid’s aggregate liability will not exceed the fees paid by Customer in the six (6) months preceding the claim.
• Claims must be brought within six (6) months after they arose.

12. Confidentiality

Each party agrees to protect the other’s Confidential Information using reasonable care and not disclose it except to personnel with a need to know. Obligations survive for two (2) years after termination.

13. Governing Law; Dispute Resolution

13.1 Governing Law. These Terms are governed by South Carolina law, without regard to conflicts of law rules.

13.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, as modified by this Section. The arbitration shall be conducted in Charleston County, South Carolina by one (1) neutral arbitrator with experience in commercial technology disputes. Judgment may be entered in any court of competent jurisdiction. All proceedings and awards shall be confidential. To the fullest extent permitted by law, the parties waive any right to a jury trial or to participate in a class, collective, or representative action.

13.3 Attorneys’ Fees. EZ Site Bid may recover its reasonable attorneys’ fees and costs if it substantially prevails in arbitration. In addition, the arbitrator may award EZ Site Bid its reasonable attorneys’ fees and costs in the event the arbitrator determines any proceeding or claim brought by Customer or an Authorized User is frivolous or asserted in bad faith.

13.4 Class Action and Class Arbitration Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER, EACH AUTHORIZED USER, AND EZ SITE BID AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER 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 or join the claims of more than one person or party, and may not preside over any consolidated, representative, or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. If this Section 13.4 is found unenforceable as to any claim or any particular remedy, then that claim or remedy (and only that claim or remedy) shall be severed and brought exclusively in a court of competent jurisdiction consistent with Section 13.1, while all remaining claims proceed in arbitration on an individual basis; in no event will class, collective, or representative claims be arbitrated. Customer and each Authorized User acknowledge that they have read and understand this waiver and agree to it knowingly and voluntarily.

14. Miscellaneous

• Customer may not assign these Terms without EZ Site Bid’s consent. EZ Site Bid may assign or transfer these Terms, in whole or in part, without consent, including in connection with a merger, acquisition, financing, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.
• Force Majeure. Neither party is liable for delays beyond its reasonable control.
• Entire Agreement. These Terms, Order Forms, and incorporated policies constitute the entire agreement.
• No Waiver. Failure to enforce a right is not a waiver.
• Invalid provisions will be modified or severed; the remainder remains in effect.

15. Amendment of These Terms

EZ Site Bid may modify these Terms from time to time. If EZ Site Bid makes a material change, it will provide notice by a reasonable method, which may include posting the updated Terms at ezsitebid.com with a new “Effective Date,” emailing the address associated with Customer’s account, or displaying a notice within the Application. Changes take effect on the stated Effective Date, except that changes required by law or reasonably necessary to address a security, fraud, or operational risk may take effect immediately. Customer’s continued access to or use of the Services on or after the Effective Date constitutes acceptance of the modified Terms. If Customer does not agree to a change, Customer’s sole and exclusive remedy is to stop using the Services and terminate its Subscription in accordance with Section 8 before the change takes effect. If a separate written agreement or Order Form governs Customer’s Subscription, EZ Site Bid will not modify the negotiated commercial terms of that agreement except as that agreement permits.

16. Copyright Complaints; DMCA Policy

EZ Site Bid respects the intellectual-property rights of others and expects Authorized Users to do the same. Customer and its Authorized Users are solely responsible for ensuring they hold all rights necessary to upload and use Drawings/Plans and other Content.

16.1 Notice of Claimed Infringement. If you believe Content on the Services infringes your copyright, you may send a written notice to EZ Site Bid’s designated agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to let EZ Site Bid locate it; (d) your name, address, telephone number, and email; (e) a statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

16.2 Designated Agent. Notices under this Section must be sent to: EZ Site Bid Legal Department (Copyright Agent), P.O. Box 118, Johns Island, SC 29457; Email: [email protected].

16.3 Removal. EZ Site Bid may remove or disable access to Content that is the subject of a notice and, where appropriate, notify the Customer or Authorized User who provided it.

16.4 Counter-Notification. If your Content was removed and you believe the removal resulted from mistake or misidentification, you may send a counter-notification to the designated agent that includes: (a) your physical or electronic signature; (b) identification of the material removed and the location where it appeared before removal; (c) a statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification; and (d) your name, address, and telephone number, a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which EZ Site Bid may be found), and a statement that you will accept service of process from the party who submitted the original notice or its agent.

16.5 Repeat Infringers. EZ Site Bid may, in appropriate circumstances and at its discretion, suspend or terminate the accounts of Customers or Authorized Users who are the subject of repeated infringement notices.

17. Third-Party Services and Links

The Services may contain links to, or interoperate with, third-party websites, applications, products, or services that EZ Site Bid does not own or control (“Third-Party Services”). EZ Site Bid provides these solely for convenience and does not endorse, and is not responsible for, any Third-Party Service, including its content, accuracy, availability, security, or data practices. Customer’s access to and use of any Third-Party Service is at Customer’s own risk and is governed by the third party’s terms and policies, not these Terms. EZ Site Bid is not liable for any loss or damage arising from Customer’s use of, or reliance on, any Third-Party Service, and any dispute concerning a Third-Party Service is solely between Customer and the applicable third party.

18. Notices

18.1 Notices to Customer. EZ Site Bid may provide notices to Customer by email to the address associated with Customer’s account, by posting within the Application, or by posting at ezsitebid.com. Customer is responsible for keeping its account and contact information current. Notices provided by email or in-Application display are deemed received when sent; notices provided by posting are deemed received when posted.

18.2 Notices to EZ Site Bid. Customer must send legal notices to EZ Site Bid, LLC, Attn: Legal Department, P.O. Box 118, Johns Island, SC 29457, with a copy by email to [email protected]. Notices to EZ Site Bid are deemed received upon actual receipt.

18.3 Electronic Communications. Customer and its Authorized Users consent to receive account, transactional, and service-related communications from EZ Site Bid electronically, and agree that such electronic communications satisfy any legal requirement that a communication be provided in writing.

19. Survival

Any provision of these Terms that by its nature should survive termination or expiration of a Subscription or these Terms will survive, including, without limitation: Section 1 (Definitions, as needed for interpretation); Section 3 (Intellectual Property, including the Feedback license in Section 3.4); Section 4.2 (obligations concerning data upon termination); any payment obligations accrued under Section 7; Section 9 (Warranties and Disclaimers); Section 10 (Indemnification); Section 11 (Limitation of Liability); Section 12 (Confidentiality); Section 13 (Governing Law; Dispute Resolution); and Sections 18 (Notices), 19 (Survival), and 14 (Miscellaneous).