BidYard
Terms of Use
Effective date: November 5, 2026
These Terms of Use ("Terms") are an agreement between you and NouSphere Labs, Inc., a Delaware corporation ("NouSphere Labs", "we", "us" or "our"), and apply to the BidYard mobile application, the customer quote pages we host, and related services (together, the "App"). By downloading or using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.
Please read section 15 carefully. If you live in the United States, it requires you to resolve disputes with us through binding individual arbitration and waives your right to a jury trial and to take part in a class action, unless you opt out within 30 days.
1. Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to create a BidYard account. The App is built for businesses and independent tradespeople. You are responsible for keeping your password secure and for everything that happens under your account. Tell us right away at info@nouspherelabs.com if you think someone else has used it.
2. License
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the App on Apple devices that you own or control, as permitted by Apple's Usage Rules. You may not copy, modify, reverse engineer, resell or build a competing product from the App, or try to access it by any means other than the interfaces we provide.
3. Your content and your customers
You keep ownership of what you put into the App: your business profile, price list, job descriptions, quotes and your customers' details ("Your Content"). You give us a license to host, process and display Your Content only as needed to run the App for you, for example to draft quote lines, store your quotes and show a quote to the customer you share it with.
You are responsible for Your Content and for your dealings with your customers. You confirm that you have the right to enter your customers' names and contact details into the App and to share quotes with them. Quotes you send are offers from your business, not from us; we are not a party to any agreement between you and your customer and are not responsible for the work, its price, payment or quality.
You agree not to use the App to break the law, to send spam or misleading quotes, to infringe anyone's rights, to upload malware, or to interfere with the App or other users.
4. AI-drafted quotes and price sources
The App can draft quote lines and suggest prices from your job description, your price list and public web search results, using third-party AI services. Drafts are suggestions only. They may be incomplete, out of date or wrong, and links shown as a price source are provided for reference only. You are responsible for reviewing, editing and approving every quote before you send it, including quantities, prices, taxes, permits and code requirements. Nothing in the App is professional, legal, tax or engineering advice.
5. BidYard Pro subscriptions
Some features, such as AI drafting, require a BidYard Pro subscription. The subscription price and period are shown in the App before you purchase.
- Payment is charged to your Apple Account when you confirm the purchase, or at the end of a free trial if one is offered.
- Your subscription renews automatically for the same period and price unless you turn off auto-renew at least 24 hours before the end of the current period.
- Your account is charged for renewal within 24 hours before the end of the current period.
- You can manage or cancel your subscription in iOS Settings > [your name] > Subscriptions. Canceling stops future renewals; you keep access until the end of the period you have already paid for.
- If a free trial is offered, any unused portion of it is forfeited when you purchase a subscription.
- Payments are non-refundable except as required by law or by Apple's policies. Refunds are handled by Apple; you can request one at reportaproblem.apple.com.
- You can restore previous purchases with "Restore Purchases" in the App.
Fair use. To keep the service reliable, we may apply reasonable limits to automated or unusually heavy use of AI drafting.
6. Our intellectual property
The App, including its software, design, text and trademarks, belongs to NouSphere Labs and its licensors and is protected by law. These Terms do not give you any right to use our names, logos or trademarks.
7. Copyright complaints
If you believe content in the App infringes your copyright, send a notice to info@nouspherelabs.com with: your contact details; a description of the work; where the material appears; a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature.
8. Third-party services
The App relies on third-party services, such as Apple for purchases, Supabase for accounts and data storage, Perplexity for AI drafting and web search, and Cloudflare for hosting customer pages. Their services are governed by their own terms, and we are not responsible for third-party websites that the App links to.
9. Availability and changes to the App
We may change, suspend or discontinue any part of the App at any time. We do not guarantee that the App will always be available, error-free or secure. Keep your own copies of quotes you need for your records.
10. Termination
You can stop using the App at any time and delete your account in the App (Settings > Business > Delete Account). We may suspend or end your access if you break these Terms or if we must do so to protect the App, other users or the law. Deleting your account does not cancel an Apple subscription; cancel it in iOS Settings. Sections that by their nature should survive termination will survive.
11. Disclaimer
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOUSPHERE LABS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, JOBS OR DATA, ARISING OUT OF OR RELATING TO THE APP, INCLUDING ANY PRICE OR QUOTE YOU SEND. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM AND US$50. Some jurisdictions do not allow these limits, so they may not apply to you.
13. Indemnification
You agree to defend and indemnify NouSphere Labs against claims, losses and expenses (including reasonable attorneys' fees) arising from Your Content, your quotes and work for your customers, or your breach of these Terms, to the extent permitted by law.
14. Apple
These Terms are between you and NouSphere Labs, not Apple. NouSphere Labs, not Apple, is solely responsible for the App and its content. Apple has no obligation to provide maintenance or support for the App. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws. If a third party claims that the App or your use of it infringes their intellectual property rights, NouSphere Labs, not Apple, is responsible for the investigation, defense, settlement and discharge of that claim.
You represent that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
15. Dispute resolution and arbitration
Informal resolution first. Before starting a formal proceeding, you and we agree to try to resolve any dispute informally. Send a written description of the dispute and the relief you want to info@nouspherelabs.com; we will do the same to the contact you give us. If the dispute is not resolved within 60 days, either party may start arbitration as described below.
Binding individual arbitration. If you live in the United States, you and NouSphere Labs agree that any dispute, claim or controversy arising out of or relating to the App or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its applicable rules, rather than in court. The Federal Arbitration Act governs this section. The arbitration may be held by video, by phone, on written submissions or in the county where you live. Payment of filing and arbitrator fees will be governed by the AAA's rules. The arbitrator may award the same individual relief a court could, but only to the individual party seeking relief.
Exceptions. Either party may bring an individual claim in small claims court, and either party may seek an injunction in court to stop infringement or misuse of intellectual property.
Class action and jury trial waiver. You and we may bring claims only on an individual basis, not as a plaintiff or class member in any class, consolidated or representative proceeding, and both of us waive the right to a jury trial.
Opting out. You can opt out of this arbitration agreement by emailing info@nouspherelabs.com within 30 days of first accepting these Terms, with your name, the email of your BidYard account and a statement that you opt out of arbitration.
16. Governing law and venue
These Terms are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to conflict of law rules. Any claim that is not subject to arbitration will be brought exclusively in the state or federal courts located in Delaware, and you and we consent to their personal jurisdiction. This does not deprive you of the protection of mandatory consumer laws of the state or country where you live.
17. General
If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. These Terms and the Privacy Policy are the entire agreement between you and us about the App.
18. Changes to these Terms
We may update these Terms from time to time. We will post the new version on this page with a new effective date and, for material changes, give notice in the App or by other appropriate means. If you continue to use the App after changes take effect, you accept the updated Terms.
19. Contact
NouSphere Labs, Inc.
Questions or reports of misuse: info@nouspherelabs.com
See also: Privacy Policy