Terms and Conditions

Welcome to 5bids ("5bids," "we," "our," or "us"), a provider of online marketplace services that connect homeowners with local contractors for home renovation and repair projects. By accessing or using the services described herein, you represent that you have read, understand, and agree to be bound by these Terms of Service ("Agreement"). This Agreement, together with the 5bids Privacy Policy, applies to those who access, enroll in, or use 5bids' services ("Users," used interchangeably with "you" throughout this Agreement). "User" means you as an individual, as well as the employer or entity on whose behalf you are using the services, and you represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and such employer or entity.

You acknowledge and agree that we may amend this Agreement at any time by posting a revised version of this Agreement on the services at www.5bids.ai/terms ("Our Website") or by notifying you directly in our sole discretion. Your continued use of the services after any changes are made to this Agreement shall constitute your consent to such changes. We do not and will not assume any obligation to notify Users of any changes to this Agreement. You are responsible for remaining knowledgeable about the terms of the Agreement.

Commission Fee for Use of 5bids

Commission fee – 5bids operates on a commission-based model where contractors pay a fee only when their estimate is accepted by a homeowner. When you submit an estimate through our platform, you agree to pay the commission fee as specified at the time of estimate submission if your estimate is accepted and you are awarded the project. The commission fee is calculated as a percentage of the accepted estimate amount and will be clearly displayed before you submit your estimate. COMMISSION FEES ARE ONLY CHARGED WHEN YOUR ESTIMATE IS ACCEPTED. You hereby authorize us to charge your payment method for the commission fee when a homeowner accepts your estimate and awards you the project. Commission fees are non-refundable once an estimate has been accepted, except as expressly set forth in this Agreement.

Dispute resolution – In the event of a dispute regarding project completion or quality, we may hold commission fees pending resolution. If you believe a commission fee has been charged in error, please email us at account-services@swivl.tech.

License

Subject to User's compliance with this Agreement, 5bids hereby grants User a revocable, non-exclusive, non-transferable right to access and use the Service, solely for submitting home renovation projects (if you are a homeowner) or providing estimates for such projects (if you are a contractor), and in accordance with this Agreement. User understands and agrees that the Service is provided under license to User, not being sold to User, and User does not gain any ownership interest of any kind in the Service under this Agreement.

5bids will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, 5bids may restrict access to some parts of the Service, or the entire Service, to Users. 5bids does not make any representations or guarantees regarding uptime or availability of the Service.

Communicating With You / TCPA Consent; Withdrawing Consent; Help

You authorize 5bids, inclusive of its agents, affiliates and independent contractors, to contact you at the email address(es) and telephone number(s) that you have provided to 5bids for service-related communications, project updates, estimate notifications, or other purposes related to the marketplace, using an automated telephone dialing system, a pre-recorded voice to deliver a message, or texting you, even if you have previously requested to be placed on our Do-Not-Call list, or your phone number appears on a state or federal Do-Not-Call list. You can withdraw your consent to receive text messages at any time by replying with a text saying "STOP". After you send a message "STOP" to us, we will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us, unless you thereafter provide consent. If you are experiencing issues with the text messaging program, you can get help directly at account-services@swivl.tech. Neither the carriers, nor 5bids are liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us, and to us from you. Message frequency may vary. If you have any questions about your text or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy www.5bids.ai/privacy. You can unsubscribe from receiving marketing messages from us in the settings of your account. Consent to receive such communications is not a condition to using our services, and if you choose not to consent, you may opt out by calling +1 (404) 383-6112.

You also agree that all personal information you provide to register with the Service is governed by our Privacy Policy, and you consent to all actions 5bids takes with respect to your personal information consistent with its Privacy Policy. Where it is permitted by law, 5bids may rely on your implied consent. You also represent and warrant that you have obtained all necessary consents for any communications to your customers that are facilitated by or delivered via our Service.

Article 1 – The Services

1.1 5bids shall perform the services described in the attached schedules (the "Services") in accordance with these terms of service ("Agreement"), the schedules attached hereto ("Schedules"), and all modifications issued hereafter consistently with this Agreement (the "Contract Documents"). The Parties have entered into this Agreement based on their own examination, investigation and evaluation and not in reliance upon any extra-contractual opinions or representations of any Party. 5bids shall perform all Services in a good and workmanlike manner consistent with the standards in the industry and in accordance with the Contract Documents, which are incorporated into this Agreement.

1.2 Contractors shall obtain all licenses or permissions required for the operation of their business(es) by any State in which they provide services through the 5bids platform. 5bids shall reasonably cooperate with Contractors in their attempts to obtain any necessary licenses or permissions, but 5bids shall bear no responsibility for obtaining those licenses or permissions.

User Service Addendum

5bids Services

5bids offers you the use of our online marketplace platform, which connects homeowners with local contractors for home renovation and repair projects ("Services"). Homeowners can submit project details and photos to receive multiple estimates, while contractors can browse available projects and submit competitive estimates. Your use of our Service is authorized for legitimate home renovation projects (for homeowners) and providing professional contracting services (for contractors).

USE OF THE SERVICE

The Service is offered to Users who are 18 years of age or older and reside in the United States. Use of the Service is permitted only by individuals who can form legally binding contracts under applicable law. If you do not qualify, do not use the Service. By using the Service, you represent and warrant that you are 18 years of age or older and otherwise meet all eligibility requirements herein. You further represent that all information you provide to us (including any project details, estimates, and contact information) shall be accurate, and that you shall have all necessary rights to provide and use such information for use as contemplated herein. In addition, you represent and warrant that you will comply with all applicable federal, state and local laws, rules and regulations with respect to your use of the Service.

SERVICE DATA YOU PROVIDE

In using the Service, You may provide us, directly or indirectly, with information about you, your projects, or your business, including but not limited to the following types of information (which shall be referred to collectively as "User Service Data"):

Project Information – Homeowners provide project details, photos, location, and requirements. We do not review or verify the accuracy of project information provided by homeowners.
Contractor Profiles – Contractors may create profiles including business information, licensing details, insurance information, and service areas. We do not verify the accuracy of contractor profile information.
Estimates and Bids – Contractors submit estimates for homeowner projects, including pricing, timelines, and project approaches.
Photos and Project Documentation – Users may upload photos and documents related to projects for estimation and completion purposes.
Communication Data – Messages and communications between homeowners and contractors facilitated through our platform.
User Data – Your User Service Data shall remain the property of that User. You grant 5bids and its affiliates and service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties your User Data as may be necessary to provide the Service to you, for 5bids' internal business uses, and any other uses permitted by law, subject to the 5bids privacy policy, located at www.5bids.ai/privacy. 5bids may anonymize and aggregate User Service Data, and use such data for its business purposes.
Feedback – In the event that you provide us with any feedback regarding the Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Service ("Feedback"), you hereby assign to us all rights, including intellectual property rights, in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
Login information – You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account, including but not limited to any unauthorized transactions involving any hacking or unauthorized access to or use of your account or account information. 5bids has no liability for any funds paid that were charged from your account or using your credit or debit card information, or paid or transferred to the account or card on file in your 5bids account. You agree to notify us immediately of any unauthorized use of your account. User is responsible and liable for: (i) User's conduct; and (ii) any use of the Service through User's information technology systems or environment, whether authorized or not. We have the right to disable any user name, password, or other identifier, whether chosen by User or provided by 5bids, at any time if, in our opinion, User has violated any provision of this Agreement.
Payment Processing Information – You may provide certain payment processing information including but not limited to payment methods for commission fees. Users warrant that all information they provide or submit, including but not limited to Service Data, is complete, accurate and current.

USE OF USER SERVICE DATA

License of Your User Service Data – You hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully paid license (with the right to sublicense) to use, copy, transmit, modify, display and distribute your User Service Data: (i) as necessary to provide the Service; (ii) for internal business purposes; (iii) to facilitate connections between homeowners and contractors; (iv) to create and present to you relevant new offerings from 5bids and our partners, (v) to improve, modify and adapt the Service, and (vi) for any other lawful purpose. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to the User Service Data and any content or materials that you submit to your 5bids account.

5bids' use under this license is subject to our privacy policy in effect as posted at www.5bids.ai/privacy. Examples of 5bids' permitted use of your User Service Data may include, without limitation:

Facilitating connections between homeowners and contractors
Sending project notifications and estimate updates
Processing commission payments for accepted estimates
Verifying your identity, and preventing fraud or other unauthorized or illegal activity
Analyzing and creating anonymized aggregate industry trends and analytics to improve the Service and create new features and offerings
Providing User support to you
Using the names, trademarks, service marks and logos associated with your company to promote the Service
Sending you offers and marketing materials from 5bids and any of our partners or affiliates that we believe may be of interest to you
Any other use that we, or a third-party partner, describe at the point where we collect data or information with your consent

Use of Aggregated & Statistical Service Data Rights

Notwithstanding any other provision of this Agreement, 5bids shall own all right, title and interest to any anonymized, aggregated and statistical data created, generated and/or derived from the User Service Data you provide and your use of the Service. If 5bids does not automatically own any anonymized aggregated and statistical data upon its creation, You hereby assign all right, title and interest, including intellectual property rights, in and to such aggregated and statistical data to 5bids.

Customer Service Issues

You are solely responsible for all service issues between you and your customers relating to your services, including pricing, fulfillment, cancellation by you or your customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback, reviews, or ratings concerning experiences with your personnel, policies or processes. In performing services for customers, you will always present yourself as a separate entity from us.

PAYMENT PROCESSING TERMS OF SERVICE

You may have the option, at our discretion, of taking advantage of our payment processing offering ("5bids Payments") to process commission fees via credit or debit card or ACH, subject to our approval of your eligibility for such offerings. Such offerings are subject to certain fees as disclosed to you at the time of sign up. By using 5bids Payments, you acknowledge and agree that we may use third party payment processors or other service providers ("Third Party Payment Processors") and that the terms and privacy policies of any such Third Party Payment Processors are applicable to you. We currently use Stripe as our payment processor. By registering for or using 5bids Payments, you agree to be bound by the Stripe Services Agreement and Stripe Connected Account Agreement, and any other terms contained therein. 5bids is not liable for the acts or omissions of any third party, including any Third Party Payment Processor.

Payment Processing Transaction and Account Reviews

From time to time, and in our sole discretion, we review account and transaction activity to evaluate your eligibility, or continued eligibility, to access our processing and other financial related product offerings. This review checks for, among other things, suspicious or illegal activity, and whether your account activity complies with this Agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity, business information, or financial standing. We also may obtain information from third parties, including but not limited to customers, and we may contact your customers to obtain relevant information. We may limit your account and your access to money in it until verification is completed.

Commission Fee Processing

We will process commission fees from your designated payment method when a homeowner accepts your estimate. Commission fees are calculated as a percentage of the accepted estimate amount and will be clearly displayed before you submit your estimate. You agree to pay commission fees in addition to any payment processing fees. We reserve the right to change our commission rates and fees at any time in our sole discretion with appropriate notice.

Restrictions on Certain Transactions

You may not use the Service for activities unrelated to legitimate home renovation and repair projects. Without limiting the generality of the foregoing, you may not use the Service for illegal activities, fraudulent estimates, or services outside your licensed capabilities.

Refunds and Disputes

In the event of a dispute between a homeowner and contractor regarding project completion or quality, we may hold commission fees pending resolution. Commission fees may be refunded in cases of proven fraud or material misrepresentation. You are responsible for resolving disputes directly with customers, and 5bids is not responsible for mediating disputes between users.

RELATED SERVICES TERMS OF SERVICE

You may have the option of taking advantage of related services offered through the Service. Such offerings are subject to certain fees as disclosed to you at the time of sign up. By using related services, you acknowledge and agree that we may use third party service providers and that the terms and privacy policies of any such third party providers are applicable to you. 5bids is not liable for the acts or omissions of any third party service providers.

Data Retention

We will retain Personal Information for Users as long as you remain an active user of our Services and for a reasonable time thereafter, to serve the purpose(s) for which your Personal Information was processed, or as necessary to comply with our legal obligations, to resolve disputes, or to enforce our agreements to the extent permitted by law.

Security

5bids has implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our third party vendor's servers which utilize industry standard security practices.

The 5bids platform utilizes secure SSL for all form data submissions in conjunction with industry-standard encryption, but we accommodate the majority of browsers with appropriate security measures.

5bids does not directly store, process, or transmit payment card information. All payment processing is accomplished via integration with third-party payment service providers. These providers are contractually required to maintain compliance with the PCI DSS and with all applicable payment processing regulations.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted via our platform. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the platform.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

If you believe that you have experienced unauthorized access or use of your account, please contact us immediately at account-services@swivl.tech

Limitation of Liability

5bids acts as a marketplace platform connecting homeowners with contractors. We do not perform any home renovation or repair services directly. We are not responsible for the quality, safety, or legality of services performed by contractors found through our platform. Users engage contractors at their own risk and should verify licensing, insurance, and qualifications independently.

Contact Us

Work Order Management, LLC dba 5bids
Attention: Customer Service
Address: 2302 Parklake Drive, Suite 372, Atlanta, GA 30345
Telephone No: 1 (404) 383-6112
E-mail address: account-services@swivl.tech