Terms of Service

1. Agreement to Terms

By accessing or using the CurbBid platform at curbbid.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). These Terms apply to all users, including contractors who create accounts and customers who access estimates, invoices, and payment pages. If you do not agree to these Terms, do not use the Service.

2. Description of Service

CurbBid Inc. ("CurbBid," "we," "us," or "our") is a Delaware C-corporation based in Texas that provides a software-as-a-service platform for home service contractors to create estimates, send invoices, and collect payments. Customers access estimates, invoices, and payment pages via unique token URLs without needing to create an account.

3. Account Registration

To use CurbBid as a contractor, you must create an account using email/password or Google OAuth. You agree to:

• Provide accurate, current, and complete information
• Be at least 18 years of age
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account

You are responsible for all activity that occurs under your account.

4. Customer Access

Customers do not need to create an account to use CurbBid. By accessing an estimate, invoice, or payment page via a token URL, or by making a payment through the platform, you agree to these Terms and our Privacy Policy.

5. Acceptable Use

You agree to use the Service only for lawful purposes. You may not:

• Use the Service for any illegal or unauthorized purpose
• Send spam, unsolicited messages, or abusive content through the platform
• Attempt to gain unauthorized access to CurbBid systems or other users' accounts
• Interfere with or disrupt the Service or its infrastructure
• Reverse engineer, decompile, or disassemble any part of the Service

6. Estimates and Invoices

Contractors are solely responsible for the accuracy and completeness of estimates and invoices they create through CurbBid. CurbBid is a platform provider only and is not a party to any agreement between contractors and their customers. We do not guarantee the quality, safety, or legality of any services offered by contractors.

7. Electronic Signatures

CurbBid provides electronic signature functionality in compliance with the Electronic Signatures in Global and National Commerce Act (ESIGN Act). When a customer accepts an estimate by typing their name and agreeing to the consent text, this constitutes a valid electronic signature.

For each signature, CurbBid creates an immutable record that includes: signer name, IP address, user agent, timestamp, SHA-256 hash of the document content, the consent text displayed, and a snapshot of all line items at the time of signing. These records are retained indefinitely for legal compliance.

8. Payments and Fees

Payments are processed through Stripe Connect. CurbBid charges a platform fee on payments processed through the platform, with the rate determined by your subscription plan. Payments recorded as manual (cash, check, etc.) do not incur a platform fee.

Refunds and payment disputes are handled through Stripe's dispute resolution process. CurbBid is not responsible for resolving payment disputes between contractors and customers.

9. SMS and Email Communications

Program name: CurbBid SMS Program

Program description: CurbBid sends SMS messages via Twilio and emails via Resend on behalf of contractors to their customers. These messages include product demo walkthroughs, estimate notifications, invoice delivery, payment confirmations, appointment reminders, and account alerts. Opt-in records are maintained for all communications. Contractors are responsible for ensuring they have appropriate consent to contact their customers.

SMS consent and TCPA disclosure: By texting our demo number or providing your phone number through the Service, you consent to receive SMS messages from CurbBid related to the demo, your account, or the services you requested.

Message frequency: Message frequency varies. You may receive a single demo message, or up to approximately 10 messages per month if a contractor uses CurbBid to communicate with you about estimates, invoices, and reminders.

Message and data rates: Message and data rates may apply. CurbBid does not charge for SMS messages, but your mobile carrier's standard messaging rates may apply.

Opt-out: You can opt out at any time by replying STOP to any message from us. You will receive a one-time confirmation and no further messages.

Help: For assistance, reply HELP to any message from us, or contact us at matt.staab@curbbid.com.

We will never sell, rent, or share your phone number with third parties for their marketing purposes. Your phone number is used solely to deliver the CurbBid services you requested. Consent to receive SMS is not a condition of purchase. For full SMS terms, see our SMS Terms & Conditions.

10. Intellectual Property

All content, design, graphics, logos, and software comprising the CurbBid platform are owned by CurbBid Inc. and protected by applicable intellectual property laws. You may not copy, reproduce, or distribute any CurbBid content without our written permission.

Contractors retain ownership of all content they create through the platform, including business information, customer records, estimates, invoices, and uploaded files.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE AT ALL TIMES.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CURBBID'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO CURBBID IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL CURBBID BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES. CURBBID IS NOT LIABLE FOR ANY DISPUTES BETWEEN CONTRACTORS AND THEIR CUSTOMERS.

13. Indemnification

You agree to indemnify, defend, and hold harmless CurbBid Inc., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

14. Termination

Either party may terminate the use of the Service at any time. Contractors may delete their accounts through the platform or by contacting us. CurbBid reserves the right to suspend or terminate accounts that violate these Terms, with or without notice. Upon termination, provisions that by their nature should survive (including limitation of liability, indemnification, and governing law) will remain in effect.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration. Notwithstanding the foregoing, either party may bring qualifying claims in small claims court.

16. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days' notice by posting the updated Terms with a new effective date. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18. Contact

Questions about these terms? Email us at matt.staab@curbbid.com.