Terms of Service

These Terms of Service (“Terms”) govern your access to and use of PromaBuild, a software platform for managing construction bid invitations, bid packages, bid responses, project-related documents, and related workflows.

By creating an account, accessing PromaBuild, or using the service, you agree to these Terms.

If you are using PromaBuild on behalf of a company or organization, you represent that you have authority to bind that company or organization to these Terms.

1. What PromaBuild Does

PromaBuild provides workflow software for construction bidding activities, including:

• creating projects
• creating bid packages
• managing subcontractor contacts
• sending bid invitations
• collecting participation responses
• collecting lightweight bid responses
• storing project and bid-related documents
• tracking bid status and award status

PromaBuild is a workflow and coordination tool. It is not estimating software, legal advice, construction management advice, procurement advice, financial advice, or a substitute for professional judgment.

2. Accounts and Company Workspaces

To use certain features, you must create an account.

You agree to provide accurate account information and keep it updated.

You are responsible for:

• protecting your login credentials
• activity under your account
• making sure only authorized users access your company workspace
• promptly notifying us of suspected unauthorized access

PromaBuild may allow users to create or join company workspaces. Access to company data is controlled by workspace membership, roles, and permissions available in the service.

3. User Responsibilities

You are responsible for all information, documents, contacts, bid details, bid responses, and other content you enter, upload, send, or manage through PromaBuild.

You are responsible for:

• verifying bid information
• verifying subcontractor and contact information
• sending invitations to the correct recipients
• reviewing bid responses
• making award decisions
• complying with applicable laws, contracts, procurement rules, and project requirements
• obtaining any rights or permissions needed to upload or share documents

PromaBuild does not verify the accuracy, completeness, legality, or enforceability of user-submitted information.

4. Bid Invitations and Responses

PromaBuild may allow users to send bid invitations to subcontractors or other contacts. Invitation links or tokens may allow recipients to view and respond to a specific bid invitation. You are responsible for ensuring that invitations are sent to the intended recipients.

PromaBuild does not guarantee:

• that an invitation will be received
• that an email will be delivered
• that a recipient will respond
• that a bid response is accurate
• that a bid response is complete
• that any party will perform work
• that any award creates a legally binding contract

Users and recipients are responsible for confirming all project, scope, pricing, and contract details outside of PromaBuild as needed.

5. Awards and Project Decisions

PromaBuild may allow users to mark bid responses as awarded or not awarded.

Award status in PromaBuild is for workflow tracking only unless the parties separately agree otherwise in a signed contract, purchase order, subcontract, or other binding agreement.

PromaBuild is not responsible for project outcomes, subcontractor performance, contract disputes, bid errors, omissions, delays, payment disputes, or construction defects.

6. Uploaded Documents

PromaBuild may allow users to upload, store, send, or share project-related documents.

You are responsible for:

• the content of uploaded documents
• ensuring you have the right to upload and share documents
• verifying that documents are complete and current
• avoiding upload of prohibited or sensitive information

You should not upload Social Security numbers, bank account numbers, payment card data, regulated health information, confidential government information, classified information, or other highly sensitive data unless PromaBuild expressly supports that use in writing.

We may remove or restrict access to documents that violate these Terms or create legal, security, or operational risk.

7. Email and Communications

PromaBuild may send transactional emails, including account emails, bid invitations, participation updates, bid response notices, and related service communications.

Email delivery is not guaranteed. Delivery may depend on third-party email providers, recipient systems, spam filters, DNS settings, and the accuracy of recipient email addresses.

You are responsible for using PromaBuild's email features lawfully and only for legitimate business purposes.

8. Fees and Payment

PromaBuild may offer free and paid tiers.

If you purchase a paid plan, you agree to pay all applicable fees, taxes, and charges according to the plan terms shown at the time of purchase.

Unless otherwise stated:

• fees are billed in advance
• payment obligations are non-cancelable
• paid fees are non-refundable
• access to paid features may be suspended for non-payment

PromaBuild may change pricing or plan features by providing notice where required or appropriate.

9. User Content and Data Ownership

You retain ownership of the business information, documents, contacts, project details, bid details, and other content you submit to PromaBuild (“User Content”).

You grant PromaBuild a limited license to host, store, process, transmit, display, and use User Content as needed to:

• provide the service
• send invitations and workflow communications
• display information to authorized users and recipients
• maintain, secure, troubleshoot, and improve the service
• comply with legal obligations

PromaBuild retains ownership of the software, design, code, systems, workflows, branding, documentation, and other platform materials.

10. Acceptable Use

You agree not to use PromaBuild to:

• violate any law or regulation
• send spam or unauthorized commercial email
• harass, threaten, defraud, or mislead others
• upload malicious code, viruses, or harmful files
• attempt to access data you are not authorized to access
• bypass security or access controls
• interfere with the operation of the service
• scrape, copy, reverse engineer, or misuse the platform
• upload or share unlawful, infringing, deceptive, or harmful content
• use the service for highly regulated or sensitive data unless expressly authorized in writing

We may suspend or terminate accounts that violate this section.

11. Third-Party Services

PromaBuild relies on third-party services for hosting, account security, infrastructure, storage, email delivery, payments, analytics, and other operational needs.

PromaBuild is not responsible for third-party services, outages, errors, security incidents, or changes outside our control.

Your use of third-party services may be subject to their own terms and policies.

12. Service Availability

We aim to provide a reliable service, but we do not guarantee uninterrupted or error-free operation.

PromaBuild may be unavailable due to:

• maintenance
• updates
• infrastructure issues
• third-party provider outages
• security events
• internet or network problems
• circumstances outside our control

We may modify, suspend, or discontinue parts of the service at any time.

13. Beta, Trial, or Early Access Features

Some features may be offered as beta, trial, preview, or early access features. These features may be incomplete, unstable, changed, limited, or discontinued at any time.

14. Disclaimer of Warranties

PromaBuild is provided “as is” and “as available.”

To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and reliability.

PromaBuild does not warrant that:

• the service will meet your specific requirements
• the service will be uninterrupted or error-free
• bid information will be accurate or complete
• emails will be delivered
• documents will always be available
• project outcomes will be successful
• any bid, response, or award will be legally binding

15. Limitation of Liability

To the fullest extent permitted by law, PromaBuild will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost business opportunities, lost data, project delays, bid errors, contract disputes, or construction-related losses.

To the fullest extent permitted by law, PromaBuild's total liability for any claim arising out of or relating to the service will not exceed the greater of:

• the amount you paid to PromaBuild in the three months before the event giving rise to the claim
• $100

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

16. Indemnification

You agree to defend, indemnify, and hold harmless PromaBuild from claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from:

• your use of the service
• your User Content
• your uploaded documents
• your bid invitations, bid responses, or award decisions
• your violation of these Terms
• your violation of law or third-party rights
• your project, contract, procurement, or construction-related disputes

17. Suspension and Termination

You may stop using PromaBuild at any time.

We may suspend or terminate your access if:

• you violate these Terms
• your payment fails
• your use creates security, legal, or operational risk
• we are required to do so by law
• the service is discontinued

After termination, we may retain or delete information according to our Privacy Policy, legal obligations, backup practices, and legitimate business needs.

18. Changes to These Terms

We may update these Terms from time to time. If changes are material, we may provide notice by email, in-app notice, or by updating the “Last Updated” date.

Your continued use of PromaBuild after changes become effective means you accept the updated Terms.

19. Governing Law

These Terms are governed by the laws of the State of Nebraska, without regard to conflict of law principles.

20. Contact

Questions about these Terms may be sent to info@promabuild.com.