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1.1 These Terms of Service (“Agreement”) govern your use of the Billdr PRO software-as-a-service platform (the “Platform”), provided by Billdr Inc., a Delaware corporation, and its Canadian subsidiary, Billdr Canada Inc. (collectively, “Billdr,” “we,” “us,” or “our”). If you are located in Canada, you contract with Billdr Canada Inc. If you are located in the United States, you contract with Billdr Inc.
1.2 These Terms apply to all users who access or use the Platform in Canada or the United States. By registering for, accessing, or using the Platform, you agree to be bound by this Agreement. Users located outside Canada and the United States access the Platform at their own risk and are responsible for compliance with local laws. Billdr makes no representation that the Platform is appropriate or available for use in other jurisdictions.
1.3 This Agreement constitutes a legal agreement between you and Billdr. If you are using the Platform on behalf of an entity, you represent that you are authorized to bind that entity to these Terms.
1.4 The most current version will always be available at https://www.billdr.ai/legal/terms-of-service and will supersede prior versions.
1.5 This Agreement incorporates by reference Billdr's Privacy Policy available at https://www.billdr.ai/legal/privacy-policy.
1.5 Your continued use of the Platform constitutes ongoing acceptance of these Terms.
1.6 IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE BILLDR PLATFORM AND MUST IMMEDIATELY STOP USING THE BILLDR PLATFORM, IN ACCORDANCE WITH YOUR OBLIGATIONS AS DESCRIBED HEREIN.
3.1 You must be at least 18 years old and represent a duly formed legal entity to use the Platform for commercial purposes.
3.2 You must provide accurate, complete, and up-to-date information when creating an account. You are responsible for safeguarding your login credentials and all activities that occur under your account.
3.3 You may not create multiple accounts or impersonate another person or entity.
3.4 You are responsible for all actions taken by your Authorized Users.
4.1 Subject to your compliance with these Terms, Billdr grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business operations.
4.2 You may not:
4.3 Billdr reserves all rights not expressly granted herein.
4.4 You acknowledge that certain features of the Platform may include automated or AI-driven functionality. You remain solely responsible for reviewing, approving, and validating any outputs, actions, or decisions generated by the Platform, including those generated by AI Features.
4.5 By enabling AI autonomous action features, Customer provides advance authorization for AI-initiated actions within defined workflow parameters. Customer acknowledges that certain AI-initiated actions may be executed without real-time review and accepts responsibility for configuring appropriate permission levels.
4.5 Billdr may suspend access for excessive or abnormal usage impacting system performance. Billdr reserves the right to impose reasonable usage limits. For the purposes of this section, 'excessive or abnormal usage' means usage that materially exceeds the average consumption of comparable subscribers or that disrupts the performance, stability, or security of the Platform for other users, as determined by Billdr acting reasonably.
5.1 Subscription Fees
Access to the Platform requires payment of recurring fees in accordance with the pricing plan selected by the Customer, as published at https://www.billdr.ai/pricing. If the URL above is no longer active, current pricing will be made available through the Platform dashboard or upon written request to support@billdr.ai. All fees are quoted in either CAD or USD and are exclusive of applicable taxes unless otherwise stated.
5.2 Transaction and usage-based fees
In addition to subscription fees, Billdr may charge additional transaction-based or usage-based fees for other products and services.
5.3 Subscription Payment Processing
Payments are processed via Stripe. By submitting payment information, you authorize Billdr and Stripe to process payments in accordance with your selected subscription. You agree to keep valid payment information on file at all times.
5.4 Transactions processing
Billdr does not provide financial, banking, or payment processing services. All Payment Services are provided by third-party providers such as Stripe. Billdr is not responsible for payment failures, delays, chargebacks, fraud, or errors caused by such third-party providers. You acknowledge that Billdr does not hold funds, act as a payment intermediary, or guarantee the completion of any transaction.
5.5 Automatic Renewal
Unless otherwise specified, all subscriptions automatically renew at the end of the billing cycle. You may cancel the renewal by providing written notice at least fourteen (14) days before the renewal date by contacting our support team at support@billdr.ai. No refunds will be issued for partial periods.
5.6 Late or Failed Payments
If any subscription payment is not received within seven (7) days of the due date, Billdr reserves the right to suspend access to the Platform until payment is received. Continued non-payment may result in account termination.
5.7 Taxes
You are responsible for all applicable sales, use, withholding, or other taxes imposed by federal, provincial, state, or local authorities in connection with your subscription to the Platform, other than taxes based on Billdr’s income.
5.8 Price change
Billdr reserves the right to modify pricing upon at least thirty (30) days' prior written notice to the Customer. Continued use of the Platform after the effective date of the price change constitutes acceptance of the revised pricing. If you do not accept the new pricing, you may cancel your subscription in accordance with Section 5.5 before the change takes effect..
5.9 Mid-cycle plan upgrades
For mid-cycle plan upgrades, any additional fees will be prorated based on the remaining days in the current billing cycle. Downgrades take effect at the start of the next billing cycle. No credits or refunds are issued for unused time on a downgraded plan.
6.1 The Platform may integrate with third-party services such as QuickBooks, Stripe, or other software tools (“Third-Party Integrations”). These integrations are provided for your convenience and are subject to their own terms and conditions.
6.2 Billdr makes no warranties or guarantees regarding the availability, functionality, or data accuracy of any Third-Party Integrations, and disclaims all liability for any loss or damage arising from their use, including outages, changes in functionality, or termination of service.
6.3 You acknowledge and agree that your use of Third-Party Integrations is at your own risk and subject to the terms and privacy policies of those third parties.
6.4 Billdr shall not be liable for any financial, operational, or reporting errors resulting from integration failures or synchronization issues, including data overwrites, duplication, or deletion resulting from synchronization.
7.1 As between you and Billdr, you retain all rights to data and documents you upload to the Platform (“Customer Data”), including but not limited to financial records, jobsite files, project estimates, or sensitive documents. You grant Billdr a limited license to use, host, store, reproduce, and transmit Customer Data as necessary between the Platform and “Third-Party Integrations”.
7.2 Each party agrees to keep confidential all technical, financial, commercial, or strategic information disclosed by the other party that is marked as confidential or should reasonably be understood to be confidential, including Customer Data, business strategies, and software designs (“Confidential Information”).
7.3 Customer Data is stored in cloud environments hosted on industry-standard cloud infrastructure providers (e.g. Amazon Web Services (AWS), Microsoft Azure non exclusively). While Billdr implements industry-standard safeguards, you acknowledge that no system can guarantee absolute security. Billdr disclaims liability for unauthorized access unless caused by its gross negligence or willful misconduct. You are responsible for maintaining backup copies of your data.
7.4 In the event of a confirmed breach of security leading to unauthorized access to Customer Data, Billdr will notify affected Customers without undue delay and in accordance with applicable law, including PIPEDA and Quebec Law 25 in Canada, and applicable state data breach notification laws in the United States.
7.5 Billdr may use Customer Data in aggregated and anonymized form to improve, develop, and train its products, including AI Features, provided such data does not identify any individual or Customer.
8.1 Billdr aims to provide the Platform with a high level of uptime but does not guarantee uninterrupted or error-free access. From time to time, the Platform may be unavailable due to planned maintenance or unanticipated issues.
8.2 Billdr offers support via email and SMS. While response times may vary, Billdr will make reasonable efforts to respond within standard business hours (Eastern Time) Monday through Friday, excluding holidays.
8.3 Billdr reserves the right to modify or discontinue any part of the Platform at any time, including adding or removing features, without liability to you, provided such changes do not materially reduce the core functionality of the Platform.
8.4 The Platform may include experimental, beta, or AI-driven features that may be incomplete, inaccurate, or subject to change without notice.
9.1 You agree not to use the Platform to:
9.2 Billdr reserves the right to suspend or terminate access to the Platform for violations of this section.
10.1 The Platform and all related content, designs, trademarks, software code, and documentation are and shall remain the exclusive property of Billdr or its licensors. You receive no ownership rights under this Agreement.
10.2 Any suggestions, ideas, feedback, or recommendations you provide to Billdr regarding the Platform are provided on a non-confidential basis. You hereby irrevocably assign to Billdr all right, title, and interest in and to such feedback, and Billdr may use it freely to improve or enhance its offerings without any obligation or compensation to you.
11.1 The Platform may include AI Features that generate outputs, recommendations, communications, or automated actions (“AI Output”).
11.2 AI Features may evolve over time to include partially or fully automated actions, including communications with third parties and execution of workflows on behalf of Users. You expressly authorize the Platform and its AI Features to execute actions, workflows, and communications on your behalf.
11.3. You acknowledge and agree that:
11.4 Billdr is not responsible for third-party reliance on AI-generated communications. Where AI Features communicate with third parties on your behalf, you are responsible for ensuring such use complies with applicable laws, including any obligation to disclose the use of automated communications. Billdr does not guarantee that AI-generated communications will identify themselves as automated and accepts no liability for third-party claims arising from such communications.
12.1 Scope
The Platform may be accessed through mobile applications on iOS and Android devices (the “Mobile Applications”). This Section applies specifically to your use of the Mobile Applications in addition to the other provisions of this Agreement.
12.2 License Grant (Mobile Applications)
Subject to your compliance with this Agreement, Billdr grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Mobile Applications on devices that you own or control, solely for your internal business operations. This license is granted, not sold, and is limited to use in accordance with applicable platform usage rules, including those set forth by the Apple App Store and Google Play Store.
12.3 App Store Providers
You acknowledge and agree that:
12.4 Third-Party Beneficiary (Apple)
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement with respect to the Mobile Applications on iOS devices. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
12.5 Compliance with Platform Terms
You agree to comply with all applicable third-party terms of service when using the Mobile Applications, including those of the Apple App Store and Google Play Store.
You further agree not to use the Mobile Applications in any manner that violates such third-party terms or applicable laws and regulations.
12.6 Device Permissions and Data Access
By using the Mobile Applications, you acknowledge and consent to the Platform accessing certain device features and data, subject to your device settings and permissions, including:
You may control certain permissions through your device settings. Disabling permissions may limit the functionality of the Mobile Applications.
For more information on how Billdr collects, uses, and shares personal data, please refer to our Privacy Policy.
12.7 Notifications and Communications
You consent to receiving communications from Billdr through the Mobile Applications, including push notifications, SMS messages, and other electronic communications related to your use of the Platform.
You are responsible for any messaging or data charges imposed by your mobile carrier.
12.8 Payments and In-App Transactions
Subscriptions and payments for the Platform may be processed through external payment providers or approved payment channels, including third-party services such as Stripe. Billdr does not process payments through Apple’s or Google’s in-app purchase systems unless explicitly stated within the Mobile Applications. Where applicable, additional terms from such platforms may apply.
12.9 Third-Party Claims
To the maximum extent permitted by applicable law:
12.10 Device and Platform Limitations
Billdr is not responsible for:
12.11 Updates and Modifications
Billdr may from time to time release updates, patches, or new versions of the Mobile Applications. You agree that such updates may be installed automatically or may require manual installation. Billdr is not obligated to maintain or support older versions of the Mobile Applications.
12.12 AI Features on Mobile
The Mobile Applications may include AI Features capable of generating outputs, recommendations, communications, or automated actions.
You acknowledge and agree that:
13.1 The Platform, including AI Features, does not provide legal, financial, accounting, tax, or construction advice.
13.2 Any information, estimates, or recommendations provided through the Platform are for informational purposes only and should not be relied upon as professional advice.
13.3 You are solely responsible for obtaining appropriate professional advice before making business, financial, or contractual decisions.
14.1 The Platform is provided “as is” and “as available.” To the maximum extent permitted by law, Billdr disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
14.2 Billdr does not warrant that the Platform will be error-free, uninterrupted, secure, or that data loss will not occur.
14.3 Without limiting the foregoing, Billdr makes no representations or warranties regarding the accuracy, reliability, or completeness of any AI Output.
15. 1 To the fullest extent permitted by applicable law, Billdr’s aggregate liability to you arising from or related to this Agreement shall not exceed the greater of: (i) the total fees paid by you to Billdr in the twelve (12) months preceding the claim, or (ii) five hundred Canadian dollars (C$500).
15.2 Billdr shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, business interruption, or data loss, even if advised of the possibility of such damages.
15.3 Billdr shall not be liable for any losses, damages, or claims arising from:
15.4 Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.
16.1 You may terminate your subscription at any time via your account dashboard or by written notice. Termination will be effective at the end of your current billing cycle.
16.2 Billdr may suspend or terminate your access to the Platform with immediate effect for cause, including for:
16.3 Upon termination, your access to the Platform will cease, and your data may be deleted after thirty (30) days unless legally required to be retained.
17.1 Billdr may modify these Terms from time to time. Material changes will be communicated at least thirty (30) days prior to taking effect. Continued use of the Platform after the effective date constitutes your acceptance of the revised Terms.
18.1 This Agreement is governed:
18.2 Any disputes arising out of or related to this Agreement shall be resolved through good-faith negotiation. If unresolved, and unless prohibited by law, disputes shall be submitted to binding arbitration in the jurisdiction specified above.
18.3 Nothing in this Section 18 prevents either party from bringing an individual claim before a small claims court of competent jurisdiction, provided the claim falls within that court's monetary jurisdiction.
19.1 This Agreement constitutes the entire agreement between you and Billdr regarding the use of the Platform and supersedes any prior agreements.
19.2 You may not assign your rights under this Agreement without Billdr’s prior written consent. Billdr may assign this Agreement freely to an affiliate or in connection with a merger, acquisition, or sale of assets.
19.3 Billdr shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to acts of God, labor disputes, internet outages, or governmental actions.
19.4 Notices to Billdr must be sent to legal@billdr.co. Notices to you will be sent to the email address on file in your account.
19.5 The failure of either party to enforce any right or provision will not constitute a waiver of that right or provision.
19.6 If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
19.7 Except as expressly set out in Section 12 with respect to Apple, this Agreement does not create any third-party beneficiary rights.
19.8 You agree that this Agreement may be accepted and executed electronically, and that such electronic acceptance has the same legal force and effect as a written signature.
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