Terms of Service

These Terms of Service ("Terms") govern your access to and use of Constimator ("Constimator," "we," "us," or "our"), a web-based construction estimating platform operated by [legal entity name and state of incorporation — confirm before publishing]. By creating an account or otherwise using Constimator, you agree to be bound by these Terms. If you are using Constimator on behalf of a company or other organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers to both you and that organization.

If you do not agree to these Terms, do not use Constimator.

1. What Constimator Does

Constimator helps construction contractors prepare bids. You upload bid documents (plans, specifications, addenda, and the official bid form); our AI reads the official bid form and extracts its line items and quantities. You build your own estimate — your own quantities, unit prices, and markup — in a manual workspace. Constimator then reconciles your estimate against the official bid form and flags discrepancies: missing items, quantity mismatches, unit mismatches.

Constimator does not measure quantities off drawings or perform automated takeoff. Every quantity in your estimate is one you entered or confirmed. See Section 6 for important limitations on the AI-assisted parts of the Service.

2. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use Constimator. You're responsible for the accuracy of the information you provide when creating an account and for keeping your login credentials confidential. You're responsible for all activity that happens under your account, including actions taken by teammates you invite.

An organization's admin can invite teammates by email and assign them a role (admin, estimator, project manager, or viewer). Each person may belong to one organization at a time.

3. Subscriptions, Free Trial, and Billing

Constimator is billed per seat (per user in your organization) on a subscription basis, processed through Stripe. New organizations get a free trial period; if you don't subscribe before the trial ends, access to the estimating workspace, document processing, and reconciliation is paused until you do (your account, project list, and previously entered data aren't deleted).

Subscriptions renew automatically at the then-current rate until canceled. You can cancel or manage your subscription at any time through the billing portal in your account. Except where required by law, fees are non-refundable, including for partial billing periods.

We may change our pricing. If we do, we'll provide notice before the change takes effect on your next billing cycle.

4. Your Content

"Your Content" means the documents you upload (plans, specs, addenda, official bid forms) and the data you or your teammates enter (quantities, prices, notes, and anything else you put into the estimate workspace). You retain all ownership rights in Your Content.

You grant us a limited license to host, store, process, and display Your Content solely to provide and improve the Service to you — including sending it to the AI providers described in Section 6 for extraction. We don't use Your Content to train AI models, ours or a third party's, and we don't sell it.

You're responsible for Your Content and for having the rights necessary to upload it — including, where a bid document contains another party's confidential or proprietary information (e.g. an awarding agency's bid package), any rights or permissions that require.

5. Acceptable Use

You agree not to:

• Upload content you don't have the right to upload, or that infringes someone else's rights;
• Use the Service to violate any law or regulation;
• Attempt to access another organization's data, accounts, or projects without authorization;
• Probe, scan, or test the vulnerability of the Service, or attempt to bypass rate limits, spend caps, or other technical restrictions, except as part of an authorized security disclosure you've coordinated with us in advance;
• Reverse-engineer, decompile, or attempt to extract the source code of the Service, except where the law gives you that right despite this restriction;
• Resell, sublicense, or provide the Service to third parties as your own offering; or
• Use automated means to access the Service outside of the interfaces and rate limits we provide.

6. AI-Assisted Processing — Please Read Carefully

Constimator uses a third-party AI model (currently provided by Anthropic) to read uploaded bid documents and extract line items, quantities, and other structured data from the official bid form. This extraction is provided as a convenience and a starting point — it is not guaranteed to be accurate or complete.

You are solely responsible for reviewing, verifying, and correcting any AI-extracted data before relying on it — and solely responsible for the quantities, prices, and numbers in your final estimate and bid submission, regardless of their source. Reconciliation results (flagged discrepancies) are generated by comparing data you've entered against the official bid form using deterministic logic, not AI, but the underlying comparison is only as good as the data on both sides of it. Constimator is a tool to help you catch errors before you bid — it does not replace your own professional judgment, your own quantity takeoffs, or your obligation to submit a responsive, accurate bid.

We are not liable for losses arising from inaccurate AI extraction, missed discrepancies, or any decision you make in reliance on output from the Service. See Section 9 (Disclaimers) and Section 10 (Limitation of Liability).

7. Intellectual Property

Constimator and its underlying software, design, and branding are owned by us or our licensors and protected by intellectual property laws. These Terms don't grant you any rights to our trademarks, logos, or brand features. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your organization's own construction estimating purposes.

8. Third-Party Services

The Service relies on third-party infrastructure and service providers to operate — including hosting, database, and authentication (Supabase), AI processing (Anthropic), payment processing (Stripe), and background job processing (Railway). Your use of the Service is also subject to those providers' own terms where you interact with them directly (for example, Stripe's terms govern your payment method on file). See our Privacy Policy for more detail on how data moves through these providers.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY AI-EXTRACTED DATA, RECONCILIATION RESULT, OR OTHER OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR PURPOSES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY — INCLUDING LOSSES ARISING FROM AN INACCURATE OR UNSUCCESSFUL BID — ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE.

Some jurisdictions don't allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold us harmless from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising from Your Content, your use of the Service in violation of these Terms, or your violation of any law or third party's rights.

12. Termination

You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your access if you materially breach these Terms and don't cure the breach within a reasonable time after notice, or immediately if necessary to protect the Service or other users. Upon termination, your right to use the Service ends; see our Privacy Policy and our data retention practices for what happens to Your Content after termination.

13. Governing Law and Disputes

These Terms are governed by the laws of [state/jurisdiction — confirm before publishing], without regard to conflict-of-law principles. Any dispute arising from these Terms or the Service will be resolved in the state or federal courts located in [county/jurisdiction — confirm before publishing], and you consent to personal jurisdiction there.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we'll provide notice (for example, by email or an in-app notice) before the changes take effect. Continuing to use the Service after changes take effect means you accept the updated Terms.

15. Contact

Questions about these Terms? Contact us at [support/legal contact email — confirm before publishing].