Terms of Service

These Terms of Service ("Terms") govern your use of the BidVolt website (bidvolt.com), portal, and related services (collectively, the "Service") operated by BidVolt Marketplace, Inc., a Delaware corporation ("BidVolt," "we," "us," "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization.

2. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately of any unauthorized access. We may suspend or terminate accounts that violate these Terms, fail verification, or otherwise pose risk to the Marketplace.

3. The Marketplace

BidVolt operates a marketplace where commercial energy efficiency project contracts are originated by BidVolt or its sales agents and made available to Verified Contractors through auction or fixed-price assignment. Use of the Marketplace by contractors is governed by the Marketplace Contractor Agreement. Use by sales agents is governed by the Sales Agent Agreement. Use by property owners is governed by the Property Owner Authorization.

4. Acceptable Use

You shall not: (a) use the Service for any unlawful purpose; (b) misrepresent your identity, qualifications, or licenses; (c) interfere with or attempt to compromise Service security; (d) scrape, harvest, or copy listings or user data without express permission; (e) circumvent the Marketplace by transacting directly with parties introduced through the Service.

5. Fees and Payment

Subscription and assignment fees are described on the Marketplace and in the applicable role agreements. Fees are billed via Stripe and are non-refundable except where required by law or expressly stated. We may change fees with 30 days' notice.

6. Intellectual Property

The Service, including all software, designs, text, graphics, logos, and content, is owned by BidVolt or its licensors and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose, subject to these Terms.

7. User Submissions

By submitting walkthroughs, photos, scope documents, or other content to the Service, you grant BidVolt a worldwide, royalty-free license to use that content to operate, market, and improve the Service. You represent that you have the rights necessary to grant this license.

8. Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9. Third-Party Services

The Service integrates with third-party services including Stripe (payments), Resend (email), Supabase (auth and data), and others. Your use of those services is governed by their respective terms. We are not responsible for third-party services or content.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BIDVOLT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BIDVOLT'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO BIDVOLT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. BIDVOLT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

12. Indemnification

You agree to indemnify and hold BidVolt harmless from any claim arising from your violation of these Terms, your misuse of the Service, or your violation of any third-party right.

13. Dispute Resolution

Any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by JAMS in Newark, New Jersey, under JAMS Streamlined Rules. You waive any right to participate in a class action. Small claims under $5,000 may proceed in small claims court at your election.

14. Governing Law

These Terms are governed by the laws of the State of New Jersey, without regard to conflict of law principles.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email or in-app notice at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

16. Contact

Questions about these Terms? Email legal@bidvolt.com or write to BidVolt Marketplace, Inc., Northern New Jersey, USA.