# BidNest Terms of Service (Interim Launch Draft)
_Last updated: 2026-03-15_

> **Important disclaimer:** This document is an operational interim draft for launch readiness planning. It is **not legal advice** and does **not** replace review by licensed counsel.

## 1. Acceptance of Terms
By accessing or using BidNest, you agree to these Terms and related policies.

## 2. Platform Description and Role
BidNest is a marketplace technology platform connecting homeowners and independent contractors.
- BidNest is not a general contractor, construction manager, employer, or insurer.
- BidNest is not a party to contracts between homeowners and contractors unless explicitly stated in writing.

## 3. Eligibility and Account Integrity
Users must be legally capable of entering contracts and provide accurate account information.
Users are responsible for safeguarding credentials and activity under their account.

## 4. Marketplace Workflow
BidNest may provide project posting, quote submission, messaging, file sharing, milestone tracking, and ranking features.
At launch, BidNest operates as a quote-first experience. Certain advanced features may be released later in staged rollouts.
BidNest may change features to improve safety, reliability, compliance, and user outcomes.

## 5. Fees, Commissions, and Billing
BidNest may charge platform fees (including commission and minimum floor fees) as displayed in product terms.
Payment processors and payout providers are third parties and governed by their own terms.

## 6. Prohibited Conduct
You may not engage in fraud, impersonation, harassment, unlawful activity, spam, scraping, reverse engineering, payment circumvention, or attempts to manipulate rankings/reviews.
You may not use BidNest to source counterparties and then intentionally divert transaction flow off-platform to avoid platform economics or trust controls.

## 7. Homeowner Responsibilities
Homeowners must provide accurate project details, communicate in good faith, and comply with legal obligations related to project approvals and property access.

## 8. Contractor Responsibilities
Contractors represent they are properly licensed/insured where required and comply with safety, labor, tax, and permit obligations.

## 9. Verification and Trust Signals
BidNest may request identity, license, insurance, and business documents and may require verification before certain actions (for example, publishing or quoting on live projects).
Verification badges/signals reflect submitted or reviewed information but are not guarantees of future performance, outcomes, or legal compliance.

## 10. Content, Communications, and Auditability
Users grant BidNest a limited license to host and process submitted content for platform operation, safety, and legal compliance.
BidNest may retain operational logs for fraud prevention, dispute support, and regulatory obligations.

## 11. Disputes Between Users
Users are primarily responsible for resolving service and payment disputes. BidNest may assist or provide mediation tooling at its discretion but is not required to arbitrate user disputes.

## 12. Suspension and Termination
BidNest may suspend, restrict, or terminate access for policy violations, risk events, suspected fraud, legal requests, or platform integrity concerns.

## 13. Warranty Disclaimer
Services are provided “as is” and “as available,” with no warranty of uninterrupted access, specific outcomes, lead volume, or project award rates.

## 14. Limitation of Liability
To the maximum extent permitted by law, BidNest is not liable for indirect, incidental, special, or consequential damages. Aggregate direct liability is limited to fees paid to BidNest in the prior 12 months.

## 15. Indemnification
Users agree to defend and indemnify BidNest from claims arising from user content, conduct, legal violations, or contractual disputes with other users.

## 16. Governing Law and Venue
Default governing law: Texas, subject to final counsel confirmation based on final entity structure and operations.

## 17. Changes to Terms
BidNest may update these Terms. Material updates will be posted with a revised date; continued use indicates acceptance.

## 18. Contact
Legal and privacy notice mailbox: **TODO (founder + domain legal inbox setup)**.

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## Attorney Review TODOs (Must-finalize before scale)
1. Arbitration clause + class action waiver (if desired) and enforceability review.
2. State-by-state consumer protection and home improvement marketplace compliance.
3. Mechanic’s lien notice disclaimers and payment handling language.
4. Stronger risk allocation around verification claims and reviews.
5. Exact company legal name, address, and legal notice email.