Terms of Service

Who we are

Big Earnie Inc ("Big Earnie", "we", "us") operates the Big Earnie estimating and staffing platform, this website, and the APIs and MCP endpoints that connect to them (together, the "Service").

By creating an account, accessing the Service, or agreeing to these terms on behalf of an organization, you accept them. If you are accepting on behalf of an organization, you confirm you have authority to bind that organization.

Accounts and organizations

Accounts are created through a supported identity provider and belong to an organization. Keep your account details accurate and your credentials secure; you are responsible for activity that happens under your account.

An organization administrator controls seats, roles, and access within their organization, and can view, manage, export, and delete the content its members create in that workspace.

Subscriptions, seats, and billing

Paid plans are sold per Estimator seat and billed monthly or annually in advance. Collaborator seats — which can view, comment, and be mentioned — are included at no charge.

Payments are processed by our payment provider. Fees are exclusive of taxes, seat changes mid-term are prorated, and the prices shown on our pricing page apply to new and renewing subscriptions.

You can cancel at any time; cancellation takes effect at the end of the current billing term and previously paid fees are not otherwise refundable. A first subscription payment may be refunded in full if you cancel within 14 days of that payment. We may suspend access to a subscription with fees more than 30 days overdue.

Your content

Estimates, statements of work, client records, documents, and anything else you or your organization put into the Service ("Customer Content") remain yours.

You grant us the limited licence needed to host, process, transmit, and display Customer Content in order to provide the Service to your organization, and you confirm you have the rights to supply it.

AI features

The Service includes AI features that generate suggestions, drafts, and summaries from your content and from context you provide. Output can be wrong or incomplete — review it before relying on it for pricing, commitments, or anything else a client will see.

AI usage is metered in credits, with an allowance included in each plan and additional credits available to purchase. Customer Content is not used to train third-party foundation models.

Acceptable use

You agree not to:

• use the Service unlawfully, or to store or transmit unlawful or infringing material;
• share, resell, or rotate a single paid seat among multiple people;
• attempt to access another organization’s data, or to bypass authentication, rate limits, or entitlement checks;
• copy, reverse engineer, or create derivative works from the Service, except to the extent that restriction is unenforceable by law;
• upload malware, or interfere with the integrity or performance of the Service; or
• publish benchmark or performance results about the Service without our written consent.

Third-party services

The Service connects to third-party tools — identity providers, payment processing, time tracking, issue trackers, and AI model providers among them. Your use of those tools is governed by their own terms, and we are not responsible for them.

Our intellectual property

We retain all rights in the Service, including its software, design, documentation, and brand. Nothing in these terms transfers those rights to you.

If you send us feedback or suggestions, we may use them to improve the Service without obligation to you.

Confidentiality

Each party will protect the other’s non-public information with at least reasonable care and use it only to perform under these terms, except where disclosure is legally required.

Availability and changes to the Service

We work to keep the Service available and to give notice before materially reducing functionality, but we do not commit to a specific uptime level unless we have agreed one with you in writing.

Disclaimers

Except as expressly stated in these terms, the Service is provided "as is" and we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

Estimates, forecasts, margins, and schedules produced in the Service are planning aids based on the inputs you supply. They are not guarantees of cost, effort, or outcome.

Limitation of liability

Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data.

Our total liability arising out of or relating to the Service is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

Indemnification

You will defend and indemnify us against third-party claims arising from your Customer Content or from your use of the Service in breach of these terms.

Termination

You may stop using the Service at any time. We may suspend or terminate access for a material breach of these terms, or where required by law.

After termination, Customer Content remains available for export for 30 days, after which we may delete it.

Changes to these terms

We may update these terms as the Service changes. We will update the date above and, for material changes, give notice in the product or by email. Continuing to use the Service after a change takes effect means you accept the updated terms.

Governing law

These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and the state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising from them.

Contact us

Questions about these terms can be sent through our contact page.