Terms of Service

BidTorch is business software for trade contractors: quoting, customer and lead management, job tracking, invoicing, and related integrations. It is offered to businesses only — it is not a consumer service — and you must be at least 18 years old to create an account.

You are responsible for your team’s accounts, for keeping passwords and API keys confidential, and for all activity under your organization’s accounts. Tell us promptly at nick.hochstedler@hossautomation.com if you suspect unauthorized access. We may suspend accounts that we reasonably believe are compromised or abusive.

Paid plans are billed monthly through Stripe. New organizations get a free trial (currently 14 days, no card required); when the trial ends, a paid subscription is required for continued use of the app. You can cancel any time from the billing page — cancellation takes effect at the end of the current billing period, and we do not prorate or refund partial periods. We may change plan pricing; changes take effect at your next billing period at least 30 days after we notify you by email or in the app, and if you do not agree you may cancel before the change takes effect and will not be charged the new price. Seat limits per plan are described on the billing page.

As between you and BidTorch, you own the data your organization puts into the service — your price book, customers, quotes, jobs, invoices, photos, and documents (“Customer Data”). You grant us a limited license to host, process, transmit, and display Customer Data solely to provide the service. You can export your data as CSV at any time from Settings. After an account is closed, we disable your public quote, invoice, and lead-form links (copies already held by recipients or third parties are outside our control), and we may delete Customer Data following a reasonable wind-down period (at least 30 days), retaining minimal records as required for legal or accounting purposes.

If you send us suggestions or feedback about the service, we may use them without restriction or obligation to you.

BidTorch stores information about yourcustomers — names, contact details, job addresses, signatures, lead-form submissions — on your behalf and at your direction. You are the controller of that information, and you are responsible for having the right to collect and use it, including any consent required to contact your customers by phone, SMS, or email (for example under the TCPA and CAN-SPAM). This applies with extra force to automations you connect — if a completed job triggers a review-request text through your Zapier or Make account, obtaining the customer’s consent to receive that text is your responsibility, not ours.

BidTorch is a tool for preparing and presenting quotes, collecting acceptances and electronic signatures, and sending invoices. We are not a party to any agreement between you and your customers. You are solely responsible for the content, accuracy, and legal sufficiency of your quotes, contract terms, and invoices; for compliance with the licensing, permitting, lien, home-improvement, and consumer-protection laws that apply to your trade and jurisdiction; and for determining whether an electronically signed quote is enforceable for your purposes. Nothing in the service is legal, financial, or tax advice.

Pricing, markup, margin, and tax figures computed by BidTorch are informational aids based on the numbers and rates you configure. Verify totals before sending a quote or invoice. You are responsible for your own pricing decisions and for charging, collecting, and remitting the correct taxes.

BidTorch can send event data to third-party services you connect — webhook endpoints, Zapier, Make, Stripe, and others. Those services are governed by their own terms, and you authorize us to transmit your data to them when you connect them. Webhook and event delivery is provided on a best-effort basis: deliveries are not guaranteed and are not retried, and we are not responsible for the acts, omissions, or outages of third-party services. Do not rely on event delivery as your system of record — the data in BidTorch, and your exports of it, are the record.

If you connect a Stripe key, payment links are created under yourStripe account. BidTorch never holds, receives, or transmits your customers’ funds, and disputes about a payment (including refunds and chargebacks) are between you, your customer, and Stripe.

Don’t use BidTorch to violate law, infringe others’ rights, send spam or unconsented messages, probe or disrupt the service, resell access, or reverse engineer the software. Don’t upload content you don’t have rights to. We may suspend or terminate accounts that violate this section.

Copyright complaints: if you believe content hosted on BidTorch infringes your copyright, send a notice meeting the requirements of 17 U.S.C. § 512(c)(3) to nick.hochstedler@hossautomation.com and we will respond as the DMCA provides.

We work to keep BidTorch available and fast, but the service is provided without an uptime guarantee or service-level agreement. We may modify, add, or remove features, and we may perform maintenance that temporarily interrupts the service. If we discontinue the service entirely, we will give you at least 60 days’ notice and a window to export your data.

The service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that calculations, deliveries, or integrations will be accurate or complete.

To the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunity, even if advised of the possibility; and (b) our total aggregate liability arising out of or relating to the service is limited to the amounts you paid us in the twelve (12) months before the event giving rise to the claim (or one hundred dollars ($100) if you have paid nothing).

Some jurisdictions limit such exclusions; in that case these limitations apply to the fullest extent permitted. The limitations in this section do not apply to your payment obligations, your indemnification obligations, or either party’s gross negligence or willful misconduct.

You will defend and indemnify Hoss Automation LLC and its members, employees, and agents against third-party claims arising out of (a) your Customer Data, (b) your quotes, contracts, work, or dealings with your customers, (c) your violation of law (including communication consent laws), or (d) your use of the service in breach of these Terms.

You may stop using BidTorch and cancel at any time. We may suspend or terminate your access for material breach of these Terms (with notice and, where practicable, a chance to cure), or for non-payment. On termination, your right to use the service ends; Section 4 governs your data, and if we are the ones terminating or suspending your access, we will provide a reasonable means to export your Customer Data before it is deleted.

We may update these Terms from time to time. For material changes we will give notice by email or in the app at least 14 days before the change takes effect. Continued use after the effective date is acceptance of the updated Terms.

These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-laws rules. The exclusive venue for any dispute arising out of these Terms or the service is the state or federal courts located in or serving Hancock County, Indiana, and both parties consent to personal jurisdiction there.

These Terms, together with the Privacy Policy, are the entire agreement between us regarding the service. If a provision is unenforceable, the rest remain in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control. Our failure to enforce a provision is not a waiver.

Hoss Automation LLC (BidTorch) · Greenfield, Indiana · nick.hochstedler@hossautomation.com