1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Bossimating Inc. ("Bossimating," "we," "us," or "our") governing your access to and use of our cloud-based construction management platform, including all associated websites, applications, APIs, and services (collectively, the "Service").
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
If you do not agree to these Terms, you must not access or use the Service.
2. Account Registration and Responsibilities
Eligibility
You must be at least 18 years of age and capable of forming a binding contract under applicable law to use the Service. The Service is intended for use by businesses, contractors, trade professionals, and their authorized representatives.
Account Creation
To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Organization Accounts
The Service supports multi-tenant organization accounts. Organization owners are responsible for managing team members, assigning roles, and ensuring that all users within their organization comply with these Terms. You may invite members and clients to your organization, and you are responsible for their use of the Service within your organization's scope.
Account Security
You agree to notify us immediately at our support team if you become aware of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.
3. Subscription and Billing
Plans and Pricing
The Service is offered on a subscription basis. Our Pro plan is priced at $39/month (early-adopter rate) or $79/month (regular rate) and includes one organization, up to three team members, and unlimited clients, projects, estimates, and invoices. We may offer a 14-day free trial for new subscribers. Pricing is subject to change with 30 days' written notice.
Add-Ons
Optional add-ons are available to extend the Service, including:
- AI Suite (+$49/month) — AI-powered estimate generation, scope of work writing, and field summaries.
- Team Growth (+$39/month) — Additional five team member seats.
- Extra Organization (+$79/month) — One additional organization with up to ten team members.
Payment Processing
All payments are processed securely through Stripe, a PCI-DSS Level 1 certified payment processor. By subscribing, you authorize us to charge your designated payment method on a recurring monthly basis. We do not store your credit card or banking information on our servers.
Auto-Renewal and Cancellation
Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period, and you will retain access to the Service until that date. We do not provide prorated refunds for partial billing periods.
Platform Fee
When clients pay invoices through the Service, a platform processing fee of 2.5% may apply in addition to standard payment processing fees charged by Stripe. This fee is disclosed before any transaction is processed.
4. Permitted Use
The Service is designed exclusively for construction management purposes, including but not limited to project management, estimating, invoicing, contract management, field reporting, and client collaboration. You agree to use the Service only for its intended purpose and in compliance with all applicable laws and regulations.
You agree not to:
- Use the Service for any unlawful, fraudulent, or deceptive purpose.
- Interfere with or disrupt the integrity, security, or performance of the Service.
- Attempt to gain unauthorized access to other users' accounts, data, or organizations.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
- Use the Service to transmit malware, viruses, or any harmful code.
- Resell, sublicense, or redistribute the Service without our prior written consent.
- Use automated scripts, bots, or scrapers to access the Service without authorization.
5. Data Ownership
You retain full ownership of all data you create, upload, or store within the Service, including but not limited to estimates, invoices, contracts, change orders, project details, field posts, photos, daily logs, and client records (collectively, "Your Data").
We do not claim any ownership rights over Your Data. You grant us a limited, non-exclusive, worldwide license to host, store, process, and display Your Data solely for the purpose of providing and improving the Service. This license terminates when you delete Your Data or close your account, subject to our data retention obligations described in our Privacy Policy.
You may request an export of Your Data at any time by contacting us at our support team. We will provide your data in a commonly used, machine-readable format within 30 days of a verified request.
6. Intellectual Property
The Service, including all software, code, designs, user interfaces, trademarks, logos, documentation, and proprietary technology, is the exclusive property of Bossimating Inc. and is protected by Canadian and international intellectual property laws.
Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms. All rights not expressly granted are reserved by Bossimating Inc..
If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free license to use and incorporate that feedback in any manner without obligation or compensation to you.
7. Third-Party Services
The Service integrates with and relies upon the following third-party providers to deliver core functionality:
- Clerk — Authentication, identity management, session handling, and organization provisioning. Your use of authentication features is subject to Clerk's terms of service and privacy policy.
- Stripe — Subscription billing, payment processing, and invoice payment collection. Your financial transactions are subject to Stripe's terms of service and connected account agreement.
- Anthropic — AI-powered features including estimate generation, scope of work writing, and field summaries. These features are strictly opt-in. Your data is not transmitted to Anthropic unless you explicitly initiate an AI-powered action. AI-generated content is assistive only and must be reviewed by a qualified professional before use.
We are not responsible for the availability, performance, or policies of third-party services. Your use of features that rely on third-party providers is also subject to those providers' respective terms and policies.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOSSIMATING INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
9. Termination
Termination by You
You may terminate your account at any time by cancelling your subscription through your account settings or by contacting us at our support team. Upon termination, your access to the Service will cease at the end of your current billing period.
Termination by Us
We reserve the right to suspend or terminate your account, with or without notice, if we reasonably believe that you have violated these Terms, engaged in fraudulent or illegal activity, or if your use of the Service poses a risk to the security or integrity of the platform or other users.
Effect of Termination
Upon termination, your right to access the Service immediately ceases. We will retain Your Data for a period of 90 days following account closure, during which you may request an export. After the 90-day retention period, Your Data will be permanently deleted unless we are required by law to retain it for a longer period. Sections of these Terms that by their nature should survive termination (including intellectual property, limitation of liability, governing law, and dispute resolution) shall survive.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively in the courts of competent jurisdiction located in the Province of Ontario, Canada. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.
Before initiating formal legal proceedings, you agree to first attempt to resolve any dispute by contacting us at our support team and engaging in good-faith negotiation for a period of at least 30 days.
11. General Provisions
Entire Agreement. These Terms, together with the Privacy Policy and any applicable order forms or addenda, constitute the entire agreement between you and Bossimating Inc. with respect to the Service and supersede all prior agreements and understandings.
Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets.
Amendments. We may update these Terms from time to time. When we make material changes, we will notify you by email and update the "Last updated" date at the top of this page. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.
12. Contact Us
If you have any questions or concerns about these Terms of Service, please contact us at:
Bossimating Inc.
Email: Contact Support