Terms of Use

These Terms of Use (“Terms”) govern your access to and use of https://getbmb.com and the BMB application (collectively, the “Service”).

The Service is provided by BMB (“BMB,” “we,” “us,” or “our”).

By accessing or using the Service, accepting an invitation to the Service, or connecting QuickBooks Online through the Service, you agree to these Terms on behalf of yourself and, if applicable, the company that invited you or authorized you to use BMB (“Company”). If you are using BMB on behalf of a Company, you represent that you have authority to bind that Company to these Terms.

The Service

BMB is construction job-cost and project-management software. BMB may allow authorized users to create, organize, review, and manage information including projects, budgets, estimates, schedules, purchase orders, bills, invoices, documents, and related job-cost records.

BMB is not accounting, tax, legal, financial, engineering, architectural, insurance, or other professional advice. You and your Company are responsible for reviewing information in BMB and for obtaining professional advice when needed.

BMB does not replace your Company’s independent review, recordkeeping, approvals, accounting controls, project controls, or compliance obligations.

Access to BMB

Access to BMB is by invitation only. Your Company’s authorized administrator controls access to the Company account and may invite, remove, or change the access of users.

You must:

• Use BMB only for the Company that authorized your access
• Provide accurate account information
• Keep your sign-in credentials confidential
• Promptly notify your Company administrator and BMB if you believe your account has been accessed without authorization
• Use the Service only in compliance with applicable law and these Terms

You may not share your account, use another person’s account, attempt to access another company’s information, interfere with the Service, bypass security measures, introduce malicious code, scrape the Service without permission, or use the Service for unlawful purposes.

Company Data

Your Company is responsible for all Company Data entered, uploaded, imported, created, or otherwise made available through BMB, including its accuracy, completeness, legality, and appropriateness.

As between BMB and your Company, your Company retains its rights in Company Data. Your Company grants BMB a limited, non-exclusive right to host, process, transmit, copy, and use Company Data only as necessary to provide, secure, maintain, support, and improve the Service, comply with law, and enforce these Terms.

You represent that your Company has all rights, permissions, and authority necessary to provide Company Data to BMB and permit BMB to process it as described in these Terms and the Privacy Policy.

QuickBooks Online Connection

Connecting QuickBooks Online is optional. Only an authorized administrator of the applicable Company may initiate a QuickBooks Online connection.

When you select Connect QuickBooks, you authorize BMB to use Intuit’s connection process to access the QuickBooks Online information your Company authorizes. BMB may use that connection to read authorized QuickBooks Online information and, when directed through the Service, send approved information to QuickBooks Online.

BMB does not control QuickBooks Online, Intuit’s systems, QuickBooks Online availability, changes to QuickBooks Online, or the accuracy of data in QuickBooks Online.

Before sending any information to QuickBooks Online, your Company is responsible for reviewing and approving the information, including customers, vendors, items, cost codes, accounts, bills, invoices, and amounts.

You may disconnect QuickBooks Online through the Company page in BMB. BMB will remove or revoke stored connection credentials within a reasonable period after disconnection, subject to limited backup, security, legal, and operational retention requirements.

Your use of QuickBooks Online is subject to Intuit’s applicable terms, policies, and privacy practices.

Your Responsibilities

You and your Company are responsible for:

• Maintaining the confidentiality and security of user accounts and sign-in credentials
• Ensuring that users are authorized to access the Company account
• Reviewing project, estimate, budget, vendor, cost-code, invoice, bill, payment, and accounting-related information for accuracy
• Reviewing and approving data before it is transmitted to QuickBooks Online
• Maintaining any independent records, approvals, accounting controls, backups, and documentation your Company needs
• Complying with all applicable laws, contracts, licenses, and company policies
• Using BMB in a manner that does not infringe the rights of others or interfere with the Service

Availability and Changes

We aim to make BMB available and reliable, but we do not guarantee that the Service will be uninterrupted, error-free, secure at all times, or available at every location or time.

We may modify, update, suspend, discontinue, or limit features of BMB at any time. We may also perform maintenance that temporarily affects availability.

BMB may depend on third-party services, including QuickBooks Online and hosting, communications, and infrastructure providers. We are not responsible for outages, delays, interruptions, failures, or changes caused by third-party services.

Intellectual Property

BMB, including its software, design, branding, documentation, features, and content, is owned by or licensed to BMB and is protected by applicable intellectual-property laws.

Subject to these Terms, BMB grants you a limited, revocable, non-exclusive, non-transferable right to use the Service solely for your Company’s internal business purposes.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service except to the extent such restriction is prohibited by law.

Feedback

If you provide suggestions, ideas, comments, or feedback about BMB, you grant BMB the right to use that feedback without restriction or compensation to you, provided that BMB does not identify you or your Company publicly without permission.

Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, BMB DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY.

BMB DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY INFORMATION, CALCULATION, IMPORT, EXPORT, OR QUICKBOOKS ONLINE TRANSMISSION WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR COMPANY’S PURPOSES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BMB AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BMB’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY THE COMPANY TO BMB FOR THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM. IF THE COMPANY HAS PAID NO FEES TO BMB, BMB’S TOTAL LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, BMB’s liability will be limited to the greatest extent permitted by applicable law.

Indemnification

To the maximum extent permitted by law, you and your Company agree to defend, indemnify, and hold harmless BMB and its owners, officers, employees, contractors, affiliates, and service providers from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:

• Your or your Company’s use of the Service
• Company Data
• Your or your Company’s violation of these Terms
• Your or your Company’s violation of applicable law or the rights of another person or entity
• Information your Company directs BMB to send to QuickBooks Online

Termination

Your Company may stop using BMB at any time. BMB may suspend or terminate access to the Service if we reasonably believe that you or your Company have violated these Terms, created a security risk, used the Service unlawfully, or caused harm to BMB, other users, or third parties.

Upon termination or account closure, access to the Service may end. BMB may retain Company Data as described in the Privacy Policy and as necessary for backups, legal obligations, security, dispute resolution, fraud prevention, and enforcement of these Terms.

Changes to These Terms

We may update these Terms from time to time. When we do, we will update the “Last updated” date above. Continued use of the Service after an updated version becomes effective means that you accept the updated Terms.

Governing Law and Disputes

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in the Commonwealth of Virginia, and you and your Company consent to the personal jurisdiction and venue of those courts.

General Terms

These Terms, together with the Privacy Policy and any written agreement between BMB and your Company, form the entire agreement between you, your Company, and BMB concerning the Service.

If a provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

BMB’s failure to enforce any provision of these Terms is not a waiver of that provision.

You may not assign or transfer these Terms without BMB’s written consent. BMB may assign these Terms in connection with a merger, acquisition, sale of assets, financing, or corporate reorganization.