EZ Site Bid, LLC – Terms and Conditions of Use

Effective Date: [10/1/2025]

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 logging in or continuing to use the Services, You represent and warrant that:

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

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

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.

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 Privacy Policy – EZ-Site Bid | Streamlined Bidding & Project Management for Contractors.

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.

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.

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.

7.3 Auto-Renewals.

• 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.

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

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.

 

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.

14. Miscellaneous

• Assignment. Customer may not assign these Terms without EZ Site Bid’s consent.
• 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.
• Severability. Invalid provisions will be modified or severed; the remainder remains in effect.