Billdr PRO – Terms of Service

Effective Date: April 1, 2025

1. Introduction and Acceptance of Terms

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”).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.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.

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.

2. Definitions

  • “User” refers to any individual or legal entity that registers for, accesses, or uses the Platform.
  • “Customer” refers to a User who subscribes to the Platform for commercial use.
  • “Platform” refers to the Billdr PRO software, websites, APIs, mobile applications, and associated services.
  • “Subscription” refers to the paid plan selected by the Customer in exchange for access to the Platform.
  • “Third-Party Integrations” refers to external services such as QuickBooks, Stripe, or others that are connected to the Platform
  • “Confidential Information” has the meaning given in Section 7.
  • “Billdr Content” means the Platform and all associated documentation, software, designs, and trademarks.

3. Eligibility and Account Creation

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.

4. License and Use of the Platform

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:

  • Reproduce, distribute, or sublicense the Platform to third parties;
  • Reverse engineer, disassemble, or decompile the Platform;
  • Use the Platform to build a competing product or service;
  • Circumvent any technical measures used to restrict access or usage.

4.3 Billdr reserves all rights not expressly granted herein.

5. Billing and Payment

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://pro.billdr.co/pricing. All fees are quoted in either CAD or USD and are exclusive of applicable taxes unless otherwise stated.

5.2 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.

5.3 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 by email to pro.support@billdr.co at least fourteen (14) days before the renewal date. No refunds will be issued for partial periods.

5.4 Late or Failed Payments
If any 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.

5.5 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.

6. Third-Party Integrations

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.

7. Data Ownership and Confidentiality

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 Amazon Web Services (AWS) and Microsoft Azure. 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.

8. Service Availability and Support

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, SMS and phone. 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.

9. Acceptable Use Policy

9.1 You agree not to use the Platform to:

  • Violate any applicable law, regulation, or third-party rights;
  • Upload, transmit, or store content that is harmful, abusive, defamatory, pornographic, or otherwise objectionable;
  • Reverse engineer, disassemble, or decompile the Platform;
  • Interfere with or disrupt the integrity or performance of the Platform or related systems;
  • Use automated scripts to scrape, crawl, or otherwise access data without prior written authorization from Billdr;
  • Circumvent or attempt to circumvent security features or access controls.

9.2 Billdr reserves the right to suspend or terminate access to the Platform for violations of this section.

10. Intellectual Property

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, or feedback you provide to Billdr about the Platform may be freely used by Billdr to improve or enhance its offerings, without any obligation to you.

11. Warranties and Disclaimers

11.1 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.

11.2 Billdr does not warrant that the Platform will be error-free, uninterrupted, secure, or that data loss will not occur.

12. Limitation of Liability

12. 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) one hundred Canadian dollars (C$100).

12.2 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.

12.3 Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.

13. Termination and Suspension

13.1 You may terminate your subscription at any time by written notice to pro.support@billdr.co 14 days before the end of your billing cycle. Termination will be effective at the end of your current billing cycle.

13.2 Billdr may suspend or terminate your access to the Platform with immediate effect for cause, including for:

  • Non-payment;
  • Breach of this Agreement;
  • Activities that pose security, legal, or reputational risks to Billdr.

13.3 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.

14. Modifications to Terms

14.1 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.

15. Dispute Resolution and Governing Law

15.1 This Agreement is governed:

  • In Canada: by the laws of the Province of Quebec and the federal laws of Canada if the user resides in Quebec; otherwise, by the laws of the Province of Ontario and the federal laws of Canada.
  • In the USA: by the laws of the State of Delaware, excluding its conflict of laws principles.

15.2 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.

16. General Provisions

16.1 This Agreement constitutes the entire agreement between you and Billdr regarding the use of the Platform and supersedes any prior agreements.

16.2 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.

16.3 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.

16.4 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.

16.5 The failure of either party to enforce any right or provision will not constitute a waiver of that right or provision.

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