Terms & Conditions

1.1 Account Creation.

To use certain features of the Site, you must register for an account (“Account”) and provide the information requested in the registration form, which may change from time to time. You represent and warrant that all registration information you submit is truthful and accurate and that you will keep it current. You may close your Account at any time by emailing support@constructionbevy.com from the email address on the Account; closure is permanent. ConstructionBevy may suspend or terminate your Account in accordance with these Terms. We may require registration with a business email address at your company’s own domain and may, in our sole discretion, refuse, suspend, or revoke any registration made with a free, personal, or shared email domain or that misrepresents the registrant’s company or role.

1.2 Account Responsibilities.

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account, other than actions taken by ConstructionBevy personnel. ConstructionBevy personnel may access your Account to provide support, investigate suspected misuse or security incidents, and verify information, as described in the Privacy Policy. You agree to notify ConstructionBevy immediately of any unauthorized use of your Account. ConstructionBevy is not liable for any loss or damage arising from your failure to comply with this Section 1.

2.1 License.

Subject to these Terms, ConstructionBevy grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Site for your internal business purposes.

2.2 Certain Restrictions.

You may use the Site only for lawful purposes and in accordance with these Terms. You shall not: (a) license, sell, rent, lease, transfer, assign, distribute, or host the Site or any content displayed on it, in whole or in part; (b) modify, copy, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (c) access the Site to build a similar or competitive website, product, or service, or to benchmark the Site for a competitor; (d) use the Site, or any output of the Site, to train or improve any machine learning or artificial intelligence model other than for your own internal use of the Services; or (e) except as expressly permitted in these Terms, copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Site in any form. This Section 2.2 does not restrict your use, export, or distribution of your own User Content for your own projects with the parties permitted under Section 3.

Unless otherwise indicated, any future release, update, or addition to the Site is subject to these Terms. All proprietary notices on the Site or on any content obtained from it must be retained on all copies.

2.3 Modification of the Site.

ConstructionBevy may modify, suspend, or discontinue the Site, in whole or in part, or your access to it, at any time, with or without notice, in ConstructionBevy’s sole discretion. Subject to Section 3.6(f) and Section 6.1, ConstructionBevy will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site. Changes to these Terms are governed by Section 6.15.

2.4 No Support or Maintenance.

Except as expressly stated in these Terms or in an Other Agreement, ConstructionBevy has no obligation to provide support or maintenance for the Site.

2.5 Ownership.

All intellectual property rights in the Site and its content, features, and functionality, including all software, models, algorithms, prompts, taxonomies, templates, methods, workflows, text, displays, images, video, audio, and the design, selection, and arrangement of them, are owned by ConstructionBevy or its licensors and are protected by U.S. and international intellectual property laws. Neither these Terms nor your access to the Site transfers to you or any third party any right, title, or interest in that intellectual property except the limited license in Section 2.1. ConstructionBevy reserves all rights not expressly granted. There are no implied licenses. Nothing in this Section 2.5 limits your ownership of your User Content under Section 5.2(a).

2.6 Trademarks.

The ConstructionBevy name and logo and all related names, logos, product and service names, designs, and slogans are trademarks of ConstructionBevy. You may not use them without ConstructionBevy’s prior written consent, except as expressly licensed in Section 3.5(f). All other marks on the Site belong to their respective owners.

2.7 Privacy Policy.

Our Privacy Policy explains how we collect, use, and share personal information and is incorporated into these Terms by reference. If these Terms and the Privacy Policy conflict regarding personal information, the Privacy Policy controls; these Terms control regarding business and company-level information, Restricted Content, and all other matters.

3.1 Definitions.

“Bid Coverage Board” means the GC-facing workspace in which a GC tracks the Subs it has invited to bid and their bidding status. “BidBoard” means the Sub-facing workspace in which a Sub manages Forwarded Invitations and Bid Recommendations. “BidBoard Address” means the email address the Services assign to a Sub for forwarding bid invitations. “Bid Recommendation” means an AI-generated bid or no-bid recommendation. “Company Profile” means the company storefront a registered company maintains on the Site, including all of its tabs. “Company Profile data” means information displayed on a Company Profile or Unclaimed Page or returned in Market Search results. “Crawlers” has the meaning given in Section 5.3(b). “Data Partners” has the meaning given in Section 5.2(c). “Forwarded Invitations” means bid invitations and related documents a Sub forwards to its BidBoard Address. “Hybrid Lead” has the meaning given in Section 3.4. “Market Search” means the search and filtering tools that allow visitors and Users to find companies by trade, location, and other Company Profile data. “Order Form” and “Other Agreement” have the meanings given in Section 6.7. “Project Address” means the email address the Services assign to a GC’s project. “Project Bids” means bids, proposals, and related documents submitted by or on behalf of a Sub or Supplier to a Project Address or uploaded by a GC to a project. “Qualifications” means the qualification data (such as revenue range, EMR, bonding, and references) a Sub maintains in the Qualifications section of its Company Profile. “Relationship Data” and “Relationship Graph” have the meanings given in Section 5.2(a). “Restricted Content” has the meaning given in Section 5.2(d). “Scope Data” has the meaning given in Section 3.6(e). “Scope Leveling” means the tools that receive Project Bids and compare them against a GC’s scope items. “Sub Bid Information” has the meaning given in Section 3.2. “Unclaimed Page” means a listing for a company that has not yet registered. “User Content” has the meaning given in Section 5.1(a).

3.2 Bid Recommendations and Bid Coverage.

A Sub may share its bidding preferences, be assigned a BidBoard Address, and forward bid invitations it receives from any source to that address. The Sub authorizes ConstructionBevy and its AI service providers to access and analyze each Forwarded Invitation, including drawings and specifications, and to generate a Bid Recommendation. ConstructionBevy will use commercially reasonable efforts to generate accurate Bid Recommendations based on the Forwarded Invitation and the Sub’s preferences. BID RECOMMENDATIONS ARE AI-GENERATED AIDS, ARE NOT GUARANTEED TO BE ACCURATE, AND MUST NOT BE RELIED ON FOR A FINAL BID DECISION. A Sub may confirm or change a Bid Recommendation at any time.

A Sub represents that it has the right to forward each Forwarded Invitation to ConstructionBevy for the purposes described in these Terms, including Hybrid Lead distribution under Section 3.4, and will indemnify ConstructionBevy under Section 6.5 if it does not. Forwarded Invitations are not the Sub’s User Content. The Sub grants ConstructionBevy a license to receive, store, and process Forwarded Invitations to provide the Services, including to generate Bid Recommendations, to identify the sending GC and project and update the GC’s Bid Coverage Board with the Sub’s bidding status and the contacts the Sub designates, to provide Hybrid Leads, and to improve the Services as described in Section 5.7.

A GC that uses the Site to manage bid coverage acknowledges that: (a) the GC is solely responsible for selecting which Subs receive its bid invitations and for verifying bidding status directly with each Sub; (b) Bid Recommendations and similar indicators are AI-generated and are not statements by the Sub; (c) a bidding status set by a Sub is the Sub’s statement, not ConstructionBevy’s, and does not constitute acceptance of a bid or obligate the Sub to bid or not bid; and (d) a Sub may change its status at any time. The Site identifies which indicators are AI-generated and which are set by the Sub.

Information a GC obtains through the Services about a Sub’s interest in bidding the GC’s project, including status, status history, the Bid Recommendation, and the business contact information of the Sub’s designated contacts (“Sub Bid Information”) may be used only for the GC’s own bid coverage, prequalification, and award processes and may be shared only with the GC’s project owner, sureties, insurers, lenders, joint venture partners, and professional advisers who are bound by confidentiality obligations. A GC may retain Sub Bid Information in its project records but shall not sell it, compile it for others, or use it for any other purpose. The same restrictions apply to Qualifications a Sub shares with a GC under Section 3.5(e).

A Sub represents that its bidding preferences, status, and other information it supplies are accurate and agrees to keep them current. Claims arising from inaccurate information a Sub supplies are subject to Section 6.5.

3.3 Do Not Rely on the Site for Final Bids or Awards.

The Site uses AI, OCR, and related tools to extract, index, classify, compare, and summarize bid documents, bids, and other information. These outputs, including Bid Recommendations, Scope Leveling extractions and indications, suggested scope wording, Market Search results, and Company Profile data, are aids to your own review. THEY MAY BE INCOMPLETE, INACCURATE, OR WRONG, AND THEY ARE NOT A SUBSTITUTE FOR YOUR OWN REVIEW OF THE ORIGINAL DOCUMENTS. The original bid documents supplied by the GC are the only authoritative source for a bid; the original bid submitted by a Sub is the only authoritative record of what that Sub offered; and the executed subcontract is the only authoritative record of what a Sub agreed to perform. ConstructionBevy does not interpret drawings or specifications, define scopes, or make or automate any bid or award decision. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING ALL INFORMATION AGAINST SOURCE DOCUMENTS AND FOR EVERY BID, SCOPE, PLUG, CONTINGENCY, AND AWARD DECISION YOU MAKE. ConstructionBevy’s liability for errors, omissions, or inaccuracies in these outputs is excluded and limited as stated in Section 6.1.

3.4 Direct Leads and Hybrid Leads.

A bid invitation sent directly by a general contractor or other source to a specific Sub is a “Direct Lead.” ConstructionBevy may make a bid opportunity that a Sub has forwarded, including the documents in the Forwarded Invitation, available to other Subs whose bidding preferences match the opportunity (each, a “Hybrid Lead”). Forwarded documents are distributed as received and may identify the original recipient or other parties named in them. ConstructionBevy may notify the source of a bid invitation that it has been forwarded.

A GC or other source may exclude a project from Hybrid Lead distribution, in whole or by trade, through the Services or by emailing support@constructionbevy.com, and ConstructionBevy will stop distributing that project as a Hybrid Lead within a reasonable time after the request. ConstructionBevy will use commercially reasonable efforts not to distribute as a Hybrid Lead a bid invitation that is expressly marked confidential or subject to a non-disclosure agreement in the original ITB. A Sub may withdraw a Forwarded Invitation from Hybrid Lead distribution by emailing support@constructionbevy.com. If a GC, project owner, architect, or other rights holder notifies ConstructionBevy that it objects to the distribution of its documents, ConstructionBevy will remove those documents from Hybrid Lead distribution within a reasonable time after a verified request.

Subs receive Hybrid Leads that match the bidding preferences in their Account and, by maintaining preferences, consent to receive them. A Sub that has not entered preferences may be shown a less targeted list of current opportunities. A Sub may stop receiving Hybrid Leads by removing its preferences or by emailing support@constructionbevy.com; because Hybrid Leads and Bid Recommendations use the same preferences, Bid Recommendations may be unavailable after an opt-out until preferences are re-entered.

ConstructionBevy does not guarantee any minimum volume of Hybrid Leads or that any lead will result in an award. All leads are provided “as is,” and Subs are responsible for their own due diligence before pursuing any opportunity. Which features are free and which are premium Services under Section 4 is stated on the Site and may change from time to time.

3.5 Company Profiles, Unclaimed Pages, and Market Search.

(a) Company Profiles.

When a User registers an Account for a company, a Company Profile template is created for that company and published at the visibility levels described in Section 3.5(b), and the company’s authorized Users maintain it. Company Profile data you submit is User Content. You represent and warrant that all Company Profile data is accurate and current; that you own or have the right to display every logo, photograph, brochure, video, and mark you upload; that every trade, license, certification, affiliation, and ownership claim is true and currently valid; and that you have authority to list each office and office contact. You will remove a listed contact promptly upon that person’s request or separation. An individual listed on a Company Profile may request removal of his or her listing by emailing support@constructionbevy.com, and ConstructionBevy will remove it within ten (10) business days after a verified request. A company may ask ConstructionBevy to unpublish its Company Profile by emailing support@constructionbevy.com. ConstructionBevy may require substantiation of any Company Profile data and may remove or annotate data it reasonably believes to be inaccurate, misleading, inappropriate, or unlawful.

(b) Visibility Levels.

Company Profile data other than Qualifications is public and may be indexed by Crawlers so that companies can be found, whether or not a visitor has registered. Qualifications are visible only as described in Section 3.5(e). Bidding activity, bidding preferences, Bid Recommendations, bid pricing, inclusions, and exclusions are never displayed on a Company Profile and are never shown to other Subs, except relationships displayed with the controls described in Section 5.2(a); a Sub’s bidding status and Bid Recommendation for a project are shown only to the GC or source that invited the Sub. The Privacy Policy describes the fields displayed. Once Company Profile data has been copied by a third-party search engine, AI service, or other website, ConstructionBevy does not control the copies those third parties retain.

(c) Unclaimed Pages.

ConstructionBevy may create an Unclaimed Page for a company that has not yet registered, using ConstructionBevy’s own records, information Users upload, publicly available information, and other lawful sources. An Unclaimed Page displays only company-level information (such as company name, trade, location, general telephone number, website, and email domain), is clearly labeled as an unclaimed listing, is publicly visible, and never contains bidding data, preferences, Qualifications, or the name or direct contact information of any individual. ConstructionBevy does not disclose the identity of a User whose upload contributed to an Unclaimed Page except as required by law. An authorized representative of the company may claim the page through our claim process or may request its removal, and any individual whose information appears on an Unclaimed Page may request removal of that information, by emailing support@constructionbevy.com. ConstructionBevy will act on a verified removal or correction request within ten (10) business days. Commercial email ConstructionBevy sends to companies listed on Unclaimed Pages will comply with applicable law, including by identifying ConstructionBevy as the sender and honoring opt-outs. ConstructionBevy may remove any Unclaimed Page at any time.

(d) Market Search and Permitted Use of Company Profile data.

Any visitor may run a Market Search. Visitors and Users may use Market Search and Company Profile data solely to identify, evaluate, qualify, and invite companies to bid on, supply, or perform work on their own construction projects, to maintain an internal subcontractor or supplier database for their own projects, or to evaluate a company for a direct business relationship. You may not (i) scrape, crawl, or bulk-download Company Profile data, or collect it by automated means, other than through export features the Services provide; (ii) compile Company Profile data into a directory, database, lead list, or competing service for use by or sale to others; (iii) sell, license, rent, or otherwise provide Company Profile data to any third party; or (iv) use Company Profile data or contact information obtained through the Site to send unsolicited marketing unrelated to a specific project or business relationship (an invitation to bid or prequalify for your own projects is not unsolicited marketing). The permission for Crawlers in Section 5.3(b) applies only to Company Profile pages (other than Qualifications) and Unclaimed Pages.

(e) Qualifications.

A Sub controls access to its Qualifications through the access settings the Services provide, which may include sharing with a GC that has invited the Sub to bid, with GCs the Sub approves individually, or with all registered Users. A grant is made to a company, not to individual Users, and a Sub may limit or revoke access at any time. ConstructionBevy will not make Qualifications visible beyond the level the Sub has selected. A recipient may use Qualifications solely to evaluate the Sub for the recipient’s own projects, may share them only with the parties permitted under Section 3.2 for Sub Bid Information, must otherwise keep them confidential, and must delete them when access is revoked or the evaluation is complete, except for copies retained in project records or as required by law or contract. ConstructionBevy does not verify Qualifications and makes no representation about their accuracy.

(f) “Find us on ConstructionBevy” Badge.

Subject to these Terms, we grant each company with an active Company Profile a limited, revocable, non-exclusive, non-transferable, royalty-free license to display the badge we provide (the “Badge”) on the company’s own website and in its employees’ email signatures as a link to its Company Profile. You may not alter the Badge, use it to imply ConstructionBevy endorsement or verification, or use it after your Company Profile is removed. We may update or revoke the Badge at any time.

3.6 Scope Leveling.

(a) Project Addresses.

When you, as a registered GC, create a project in Scope Leveling, the Services may assign the project a Project Address. You authorize ConstructionBevy to receive, open, read, store, index, and process every message and attachment sent to a Project Address or uploaded to the project, in any format, to provide the Services. You are responsible for the messages and documents that you and your authorized Users send, forward, or upload to your projects and for the accuracy of the scope items you enter. Your own scope items, notes, and correspondence are your User Content; a bid you receive, forward, or upload is a Project Bid.

(b) Project Bids.

Project Bids are submitted by or on behalf of Subs and Suppliers who may or may not be Users. Project Bids are not your User Content. You grant ConstructionBevy a license to receive, store, and process Project Bids to provide the Services to you and to improve the Services as described in Section 5.7, and you represent that you have not agreed with the submitting company to any restriction that prohibits processing of its bid by a service provider acting for you. ConstructionBevy will not disclose a submitting company’s identified Project Bid, pricing, inclusions, or exclusions to any other GC, Sub, or Supplier except as permitted by Section 5.2(d). ConstructionBevy may use the business contact information and trade, project type, and location information in a Project Bid to create or update a Company Profile or Unclaimed Page for the submitting company, to invite it to register, and to generate Relationship Data; Project Bids are not used to generate Hybrid Leads.

(c) Your Judgment Controls.

Section 3.3 applies to every Scope Leveling output. Suggestions are presented for your review and your annotations are retained with your project record. ConstructionBevy is not a party to any bid, subcontract, award, or negotiation between you and any Sub or Supplier and is not your agent.

(d) Call Recording and Transcripts.

Where the Services offer recording or transcription of a call, you are solely responsible for complying with all call-recording, wiretap, and consent laws in every jurisdiction where any participant is located, including laws that require the consent of all parties, and for obtaining and documenting any required consent. Recordings and transcripts are your User Content and Restricted Content and are visible only to authorized Users of your organization, except that a person who was recorded, or the company whose personnel were recorded, may request a copy or deletion of the portion in which they participated by emailing support@constructionbevy.com, and ConstructionBevy may honor that request after notice to you unless you object on a good-faith basis within ten (10) business days. You will indemnify ConstructionBevy under Section 6.5 for any claim arising from a recording you initiate.

(e) Scope Data.

Your scope items, custom rows, notes (including meeting notes and transcripts you add to a project and summaries the Services generate from them), merges, overrides, templates, saved scope lists, plugs, adjustments, contingencies, leveling sheets, and all Scope Leveling outputs generated for your projects (“Scope Data”) are your User Content. ConstructionBevy will not disclose your identified Scope Data or identified Project Bids to any other customer or third party except as permitted by Section 5.2(d).

(f) Exports and Project Records.

While your Account is active you may export your leveling sheets and project records in the formats the Services offer. ConstructionBevy will not delete the Scope Data, Project Bids, or project records of an active Account except as required by law, as provided in Section 3.6(d), or following your uncured violation of these Terms after written notice and a ten (10) business-day cure period. Closing your Account ends your access to your project records, so export them first. On a request emailed to support@constructionbevy.com within thirty (30) days after termination, closure, or discontinuation, ConstructionBevy will provide a one-time export of the project records that then exist in its systems. You are responsible for exporting and retaining any record you need.

(g) Availability.

Scope Leveling and its features, formats, and availability may change as described in Section 2.3, subject to Section 3.6(f).

5.1 User Content.

(a) Definition and Responsibility.

“User Content” means all information and content a User submits to or uses with the Site, including Company Profile data and Scope Data, but excluding Project Bids and Forwarded Invitations. You are solely responsible for your User Content, including its legality, accuracy, and appropriateness, and you assume all risks associated with it. You represent and warrant that your User Content does not violate the Acceptable Use Policy in Section 5.3. You may not represent that your User Content is provided, sponsored, or endorsed by ConstructionBevy. ConstructionBevy backs up the Services, including User Content, for business continuity and disaster recovery; backups are not an archive available to you, and we do not guarantee that any item can be restored from backup. You may export your own records as described in Section 3.6(f).

(b) Uploaded Companies and Contacts.

If you upload companies or contacts to the Services, you represent that you have the right to share that business contact information with us, and you understand that a unregistered company you upload may appear on an Unclaimed Page as described in Section 3.5(c), that your identity as the uploading User is not disclosed except as required by law, and that we may verify the deliverability of uploaded email addresses through a service provider before sending invitations.

(c) ConstructionBevy’s Rights.

ConstructionBevy is not responsible to any third party for the content or accuracy of any User Content. We may (i) remove or refuse to post any User Content in our sole discretion; (ii) take any action with respect to User Content that we deem necessary, including if we believe it violates these Terms, infringes any right of any person, threatens personal safety, or could create liability for ConstructionBevy; (iii) disclose your identity or other information about you to a third party who claims that material you posted violates their rights, or to a law enforcement authority or court that requests or directs it; and (iv) terminate or suspend your access to all or part of the Site for any violation of these Terms. EXCLUDING OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, YOU WAIVE ANY CLAIM AGAINST, AND WILL HOLD HARMLESS, CONSTRUCTIONBEVY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FOR ANY ACTION TAKEN BY ANY OF THEM DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY THEM OR BY LAW ENFORCEMENT AUTHORITIES.

5.2 Ownership and License.

(a) Ownership.

As between you and ConstructionBevy, you own your User Content, including your Scope Data. ConstructionBevy owns all right, title, and interest in: (i) the Site and the Services, including all software, models, algorithms, prompts, taxonomies, templates, formats, methods, and workflows used to provide them; (ii) data about how the Site and the Services are accessed and used; (iii) data derived from User Content, Project Bids, and Forwarded Invitations that has been aggregated or de-identified so that it cannot reasonably be used to identify any company, project, or bid, including benchmarks, statistics, indices, and market insights; (iv) the compilation, selection, and arrangement of data on the Site, including the Market Search database; (v) the Relationship Graph and all Relationship Data; (vi) Bid Recommendations and all other outputs the Services generate, other than your Scope Data; and (vii) all improvements, enhancements, and learnings that ConstructionBevy develops in operating the Services, including models trained or improved under Section 5.7 (collectively, “ConstructionBevy Property”). “Relationship Data” means the records ConstructionBevy generates, from activity on or through the Services and from its own sources, of the connections among companies, the individuals who act for them, and projects, including which companies have invited, bid to, quoted, been awarded work by, supplied, or otherwise worked or sought to work with one another, on which projects, in which trades and markets, and when. The “Relationship Graph” means the compilation of Relationship Data together with the inferences, scores, and other attributes ConstructionBevy derives from it. Relationship Data records the existence and attributes of a connection; it does not include bid pricing, inclusions, exclusions, Scope Data, or Qualifications. ConstructionBevy may use Relationship Data and the Relationship Graph to operate, improve, develop, and commercialize the Services and may display a company’s relationships on the Site subject to the display controls the Services provide. Your ownership of your User Content gives you no interest in ConstructionBevy Property, and ConstructionBevy’s ownership of ConstructionBevy Property gives it no ownership of your identified User Content. ConstructionBevy claims no ownership of Project Bids or Forwarded Invitations as submitted, and these Terms do not allocate rights in a Project Bid between a GC and a submitting company or in a Forwarded Invitation between a Sub and the sending GC.

(b) Service License.

You grant ConstructionBevy a non-exclusive, royalty-free, fully paid-up, worldwide license to use, reproduce, distribute, display, perform, prepare derivative works of, and incorporate into other works your User Content, and to sublicense those rights to service providers that host or support the Site, for the purposes of operating, providing, securing, promoting, and improving the Site, including displaying Company Profile data at the visibility levels described in Section 3.5(b) and making it available to Crawlers. Promotional use is limited to displaying your Company Profile as it appears on the Site and identifying your company as a ConstructionBevy user, will not imply endorsement, and will stop within a reasonable time after you request it by emailing support@constructionbevy.com. As to Restricted Content, this license is limited to the uses permitted by Sections 3, 5.2(d), and 5.7. This license continues for as long as your User Content remains on the Site and thereafter only for copies retained by third parties outside our control, for aggregated or de-identified data, and for backups, records, and legal compliance.

(c) Data Partners.

You grant ConstructionBevy a non-exclusive, royalty-free, fully paid-up, worldwide license to provide to insurers, sureties, lenders, manufacturers, distributors, software and data providers, research firms, and other businesses that serve or study the construction industry (“Data Partners”) the following, for any lawful purpose including lead generation, underwriting, financial analysis, benchmarking, product sales, and research: (i) Company Profile data other than Qualifications; (ii) Relationship Data; and (iii) aggregated or de-identified data derived from any content, including Project Bids, Forwarded Invitations, and Scope Data. ConstructionBevy will not provide Restricted Content in identified form to a Data Partner except on the grant of the company that owns it, made through the Services or in writing. Personal information provided to Data Partners is governed by the Privacy Policy.

(d) Restricted Content.

“Restricted Content” means Qualifications; Sub Bid Information; Project Bids and other messages and attachments received at a Project Address from Subs and Suppliers; bid pricing, inclusions, and exclusions; Scope Data; and meeting notes, recordings, and transcripts. Restricted Content does not include: (A) ConstructionBevy Property, including Relationship Data and Bid Recommendations; (B) project names, locations, schedules, and other project information; (C) the names and business contact information of companies and contacts; (D) bidding activity and preferences, except to the extent they are Sub Bid Information; (E) information that is or becomes publicly available other than through ConstructionBevy’s breach of these Terms, that ConstructionBevy obtains from another source without a duty of confidentiality, or that ConstructionBevy develops independently; or (F) aggregated or de-identified data. ConstructionBevy will disclose identified Restricted Content only: (i) to the company that owns it and to Users it has authorized; (ii) on the grant of the company that owns it; (iii) to service providers that host or support the Site, including providers of the AI models the Site uses, in each case bound by confidentiality obligations; (iv) as required by law or in response to a lawful request from a court or governmental authority; (v) as company-level business contact information under Section 3.5(c); (vi) to a recorded person or company under Section 3.6(d); or (vii) to ConstructionBevy’s professional advisers and to an actual or prospective acquirer, successor, merger partner, investor, or financing source and its advisers, in connection with due diligence, a financing, or a corporate transaction, in each case to persons bound by confidentiality obligations, and any successor that acquires Restricted Content assumes ConstructionBevy’s obligations under these Terms with respect to it.

(e) Moral Rights.

To the extent you hold such rights, you irrevocably waive any claims of moral rights or attribution with respect to your User Content.

5.3 Acceptable Use Policy.

The following terms constitute our “Acceptable Use Policy”:

(a) Content Restrictions.

You agree not to use the Site or submit any User Content in any manner that (i) violates any third-party right, including any intellectual property, privacy, or publicity right; (ii) is unlawful, harassing, abusive, defamatory, false, intentionally misleading, obscene, or otherwise objectionable, or promotes bigotry or physical harm; (iii) is harmful to minors; or (iv) violates any law, regulation, or obligation to a third party, other than a restriction in a Project Bid or Forwarded Invitation to the extent it would prohibit processing by a service provider acting for the receiving User.

(b) Conduct Restrictions; Crawlers.

You agree not to: (i) upload or transmit viruses or any code intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, spam, or duplicative messages; (iii) harvest or collect information about other Users, including email addresses and Company Profile data, except as permitted by Section 3.5(d); (iv) interfere with or create an undue burden on the Site or networks connected to it; (v) attempt to gain unauthorized access to the Site or related systems; (vi) harass or interfere with any other User; or (vii) use automated agents or scripts to create multiple Accounts or to generate automated queries to, or scrape or mine data from, the Site. Notwithstanding clause (vii), we conditionally grant to the operators of public search engines, AI-powered search services, and large language models (“Crawlers”) revocable permission to copy Company Profile pages (other than Qualifications) and Unclaimed Pages solely to create publicly available search indices and to respond to search queries about those pages, subject to our robots.txt file and any other technical controls we publish. Crawlers must identify themselves and respect robots.txt and may not access, index, or collect Qualifications or any content behind a login.

(c) Remedy and Enforcement.

If we determine that you have violated the Acceptable Use Policy, we may, subject to Section 3.6(f), terminate your access to the Site without notice and pursue all remedies available at law or in equity, including injunctive relief and recovery of our reasonable attorneys’ fees and costs.

5.4 Intellectual Property Infringement.

We respect the intellectual property rights of others. We remove User Content that infringes the rights of others and terminate, in appropriate circumstances, the Accounts of repeat infringers. If you believe your copyrighted work has been infringed on the Site, send a notice that satisfies 17 U.S.C. § 512(c)(3) to our designated agent: ConstructionBevy, Inc., Attn: Copyright Agent, 4849 Greenville Ave, Suite 100, Dallas, TX 75206; Email: support@constructionbevy.com. If your material is removed in response to a notice, we will notify you, and you may send a counter-notification that satisfies 17 U.S.C. § 512(g)(3); we will forward it to the complaining party and may restore the material in accordance with that statute.

5.5 Enforcement.

We reserve the right, but have no obligation, to review any User Content and to investigate and take appropriate action in our sole discretion if you violate these Terms or create liability for us or any other person, including removing or modifying your User Content, terminating your Account, and reporting you to law enforcement, subject to Section 3.6(f).

5.6 Feedback.

If you provide ConstructionBevy with any feedback or suggestions regarding the Site (“Feedback”), you assign to ConstructionBevy all rights in the Feedback, and ConstructionBevy may use it for any purpose without restriction or compensation. You agree not to submit Feedback that is subject to third-party intellectual property rights.

5.7 Data Usage and AI Training.

(a) Training.

ConstructionBevy uses User Content, Project Bids, and Forwarded Invitations, including Restricted Content and including content received before these Terms took effect, to provide the Services and to develop, train, fine-tune, evaluate, and improve the models, algorithms, and features that power the Services, and, to the extent you hold rights in that content, you grant ConstructionBevy a worldwide, royalty-free license to use, reproduce, modify, and create derivative works from it for those purposes. Training does not change what ConstructionBevy may disclose: ConstructionBevy will not disclose one company’s identified Project Bid, bid pricing, inclusions, exclusions, Scope Data, or Qualifications to another company, through the output of a model or otherwise, except as permitted by Section 5.2(d).

(b) Objection.

A User, or a company that submitted a Project Bid or whose bid invitation was forwarded, whether or not it is a User, may object to the use of its own identified content for new model training by emailing support@constructionbevy.com from an address at its company’s domain. Within thirty (30) days after receiving a verified objection, ConstructionBevy will cease using that identified content for new model training. An objection does not require ConstructionBevy to retrain or discard existing models and does not affect the use of aggregated or de-identified data.

(c) Security.

ConstructionBevy will protect Restricted Content with commercially reasonable administrative, technical, and physical safeguards and will notify affected Users of a breach of security affecting their User Content as required by applicable law.

5.8 Data Retention and Backups.

(a) We retain User Content and other information for as long as the related Account is active and as needed to provide the Services, support business continuity, resolve disputes, prevent fraud, enforce these Terms, collect fees owed, and comply with law.

(b) When an Account is closed, we delete the Account and its personal information from production systems within a reasonable time, as described in the Privacy Policy. Copies may persist for a limited period in backups and archives, and records we need for the purposes in Section 5.8(a) may be kept for as long as those purposes require.

(c) Project Bids, correspondence, recordings, transcripts, and Scope Data remain part of the GC’s project record and are retained and exportable as provided in Section 3.6(f).

(d) The Site is not an archive or a system of record. You are solely responsible for exporting and maintaining your own copies of any content and records you need and for meeting any record-retention obligation that applies to you. Subject to Section 3.6(f) and Section 6.1, ConstructionBevy is not liable for any loss, deletion, corruption, or failure to store any content.

6.1 No Warranty; Limitation on Liability.

EXCEPT FOR THE EXPRESS COMMITMENTS STATED IN THESE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” AND YOUR USE OF IT IS AT YOUR SOLE RISK. NEITHER CONSTRUCTIONBEVY NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS (COLLECTIVELY, “ASSOCIATES”) WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR WARRANTS THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR OUTPUT ON THE SITE, INCLUDING BID RECOMMENDATIONS, SCOPE LEVELING OUTPUTS, MARKET SEARCH RESULTS, AND COMPANY PROFILE DATA. CONSTRUCTIONBEVY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON ANY REPRESENTATION OR STATEMENT NOT EXPRESSLY SET OUT IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT WILL CONSTRUCTIONBEVY OR ITS ASSOCIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OR CORRUPTION OF DATA, OR DAMAGES RESULTING FROM USE OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF CONSTRUCTIONBEVY AND ITS ASSOCIATES ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS EXCEED THE GREATER OF (A) $100 AND (B) THE AMOUNTS THAT YOU AND THE COMPANY ON WHOSE BEHALF YOU ACCEPTED THESE TERMS PAID TO CONSTRUCTIONBEVY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THESE EXCLUSIONS AND THIS CAP APPLY TO CLAIMS BASED ON NEGLIGENCE (WHETHER SOLE, JOINT, OR CONCURRENT), NEGLIGENT MISREPRESENTATION, OR STRICT LIABILITY, IN ANY ACTION, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, BUT DO NOT APPLY TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CONSTRUCTIONBEVY. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS OR LOSS OF DATA THAT RESULTS FROM CONTENT YOU DOWNLOAD FROM THE SITE.

6.2 Third-Party Content and Linked Sites.

References to third-party names, products, or services, and links to third-party sites, are provided for convenience and do not imply endorsement. We are not responsible for third-party sites or content, and you access them at your own risk.

6.3 Security Notice.

ConstructionBevy will never ask you for your password. Communications from ConstructionBevy come only from an email domain we control, as listed on the Site. Be alert to impostor websites and phishing, and report suspected impersonation to support@constructionbevy.com.

6.4 Termination of Use.

These Terms are effective until terminated. You may terminate by closing your Account and discontinuing use of the Site. ConstructionBevy may terminate these Terms or your access to the Site at any time, with or without notice, subject to Section 3.6(f). Upon termination, you must stop using the Site and, on ConstructionBevy’s written request, destroy Sub Bid Information, Qualifications, and Company Profile data obtained from the Site, other than (a) your own User Content, project records, and exports; (b) Project Bids and Forwarded Invitations addressed to you; (c) contact and trade information in an internal database maintained as permitted by Section 3.5(d); and (d) materials you must retain by law or contract or reasonably need to defend claims.

6.5 Indemnification.

To the fullest extent permitted by law, you will indemnify, defend, and hold harmless ConstructionBevy and its affiliates and their respective officers, directors, employees, agents, and licensors (the “Indemnified Parties”) from and against all third-party claims and resulting losses, liabilities, damages, costs, attorneys’ fees, penalties, and expenses arising out of or relating to (a) your breach of these Terms; (b) your violation of any law; (c) your User Content; (d) your breach of the representations in Sections 3.2, 3.6(b), or 5.1(b) regarding Forwarded Invitations, Project Bids, or the companies and contacts you upload; (e) any call you record or transcribe through the Services; and (f) your use of Company Profile data, Market Search results, Sub Bid Information, or Qualifications. This Section 6.5 does not apply to the extent a claim arises from an Indemnified Party’s gross negligence or willful misconduct. SUBJECT TO THE PRECEDING SENTENCE, THESE INDEMNITY OBLIGATIONS APPLY EVEN IF THE CLAIM IS CAUSED IN PART BY THE NEGLIGENCE OR OTHER FAULT OF AN INDEMNIFIED PARTY. ConstructionBevy may assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you will cooperate with that defense and will not settle any such matter without ConstructionBevy’s prior written consent.

6.6 Representations.

You represent and warrant that you have full authority to enter into and perform these Terms, that you have not entered into and will not enter into any agreement that would prevent you from doing so, and that you will not delete content on the Site other than content within your own Account.

6.7 Other Agreements; Order of Precedence.

Nothing in these Terms modifies a written agreement regarding the Site executed by authorized representatives of both you and ConstructionBevy, including any order form, subscription agreement, or master services agreement (each, an “Other Agreement”). An “Order Form” is an Other Agreement under which you purchase premium Services. In the event of conflict, the order of precedence is: (a) an executed Other Agreement; (b) these Terms; and (c) Supplemental Terms, which govern only the features to which they relate and never modify Section 7. Except for any Other Agreement, these Terms are the entire agreement between you and ConstructionBevy regarding the Site and supersede all prior agreements and understandings regarding the Site. Pre-printed terms in any purchase order, vendor registration form, or similar document you submit are rejected and of no effect.

6.8 Governing Law; Venue; Severability; Waiver.

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles. Any dispute not subject to arbitration under Section 7 will be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to the personal jurisdiction of those courts. If any provision of these Terms is held unenforceable, it will be reformed only to the extent necessary, and the remaining provisions will remain in effect. ConstructionBevy’s failure to act on a breach does not waive its rights as to that or any later breach. Headings are for reference only.

6.9 Assignment.

You may not assign or transfer these Terms or any rights or obligations under them without ConstructionBevy’s prior written consent. ConstructionBevy may assign these Terms, in whole or in part, to an affiliate or to a successor or acquirer of all or substantially all of its assets or business, without your consent, provided the assignee assumes ConstructionBevy’s obligations under these Terms. Any assignment in violation of this Section is void. These Terms bind and benefit the parties and their permitted successors and assigns.

6.10 No Third-Party Beneficiaries.

These Terms are solely for the benefit of you and ConstructionBevy and confer no rights or remedies on any third party, except that the Associates and the Indemnified Parties may enforce the provisions of Sections 6.1 and 6.5 that benefit them. Without limiting the foregoing, a company whose Project Bid, bid invitation, or information is received or processed through the Services, whether or not it is a User, is not a third-party beneficiary of these Terms; ConstructionBevy’s commitments regarding Restricted Content are made to Users, and non-Users may exercise the objection and removal requests described in Sections 3.4, 3.5, 3.6(d), and 5.7(b).

6.11 Force Majeure.

ConstructionBevy is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, fire, flood, pandemic, war, terrorism, labor disputes, power or telecommunications failures, government actions, or cyberattacks; its obligations are suspended for the duration of the event.

6.12 Export Compliance.

You will not export or re-export the Site or any part of it in violation of applicable export control and sanctions laws, and you represent that you are not located in, under the control of, or a national or resident of any country or on any list to which export of the Site is prohibited.

6.13 Monitoring Rights.

ConstructionBevy may monitor your access to and use of the Site to operate, secure, and improve the Site, to verify compliance with these Terms, and to comply with law, including through the analytics and monitoring tools and personnel access described in the Privacy Policy.

6.14 Notices.

ConstructionBevy may give you notice within the Site, by email to the address on your Account, or by posting on the Site, and electronic notices have the same effect as written communications. Notices to ConstructionBevy, including notices of dispute under Section 7.1, must be sent by email to support@constructionbevy.com and by certified mail or nationally recognized overnight courier to ConstructionBevy, Inc., Attn: Legal, 4849 Greenville Ave, Suite 100, Dallas, Texas 75206.

6.15 Modifications to Terms.

ConstructionBevy may modify these Terms by posting the revised Terms on the Site. For material changes, ConstructionBevy will give registered Users at least thirty (30) days’ notice by email or within the Site before the changes take effect; other changes take effect when posted. We may require you to accept the updated Terms when you sign in, and your continued use of the Site after a change takes effect constitutes acceptance. If you do not agree to a change, you must stop using the Site before it takes effect and may close your Account and export your records under Section 3.6(f). No modification applies to a dispute of which ConstructionBevy had actual notice before the modification’s effective date. Modifications do not apply to an Other Agreement except as it provides.

6.16 Relationship of Parties.

You and ConstructionBevy are independent parties, and nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship.

6.17 Electronic Communications Consent.

By using the Site, you consent to receive electronic communications from ConstructionBevy and agree that electronic agreements, notices, and disclosures satisfy any legal requirement that they be in writing.

6.18 Confidentiality.

You will treat as confidential, and will not disclose to any third party without ConstructionBevy’s prior written consent, any non-public information about ConstructionBevy, its business, technology, pricing, roadmap, or customers that you receive in connection with the Site, except to your professional advisers bound by confidentiality obligations, as required by law (with prompt notice to ConstructionBevy where permitted), or for information that is or becomes public through no fault of yours, was known to you before receipt, is independently developed by you, or is received from a third party without a duty of confidentiality. Restricted Content and other non-public information of another company that you access through the Services is confidential to that company, whether or not it is a User, and may be used and disclosed only as permitted by Sections 3 and 5. Nothing in these Terms restricts a GC’s use or disclosure of Project Bids addressed to it, or a Sub’s use of Forwarded Invitations addressed to it, which are governed by that User’s own agreements and bid instructions with the submitting or sending company. ConstructionBevy’s obligations regarding Restricted Content are stated in Sections 5.2(d) and 5.7.

7.1 Informal Dispute Resolution.

Before initiating arbitration, the parties will attempt in good faith, for at least thirty (30) days after written notice from one party to the other, to resolve the dispute by negotiation between representatives with authority to settle it. Applicable statutes of limitations and filing deadlines are tolled during that period. Notice to ConstructionBevy is given as provided in Section 6.14; notice to you is given at the email address on your Account.

7.2 Excluded Disputes.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in the courts identified in Section 6.8 to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or breach of Sections 2.2, 3.5(d), 5.3, or 6.18, and ConstructionBevy may bring an action in those courts to enforce or protect its intellectual property rights in the Site. A claim that ConstructionBevy used User Content, Restricted Content, Project Bids, or Forwarded Invitations beyond the licenses in these Terms is subject to arbitration.

7.3 Damages Limitation.

Section 6.1 governs the categories and amount of damages recoverable from ConstructionBevy. Except to the extent prohibited by law, neither party may recover punitive, exemplary, or consequential damages in arbitration other than damages caused by the other party’s gross negligence or willful misconduct, amounts recoverable under Section 6.5, and remedies for breach of Sections 2.2, 3.5(d), 5.3, or 6.18. The arbitrator’s decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

7.4 Jury Trial Waiver.

THE PARTIES IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE.

7.5 Survival.

Sections 2.2, 2.5, 3.2 through 3.6 to the extent they restrict the use or disclosure of information or provide for export of project records, 4, 5, 6, and 7, and any other provision that by its nature should survive, survive termination or expiration of these Terms.