These Terms of Service ("Terms") govern your access to and use of Footing by ARAUÁN and related websites, applications, integrations, and services (collectively, "Footing" or the "Services").
These Terms are between you and ARAUAN LLC, doing business as Footing ("ARAUÁN," "we," "us," or "our").
By using Footing, you agree to these Terms. If you are using Footing on behalf of a company, you represent that you have authority to bind that company to these Terms.
1. What Footing does
Footing helps contractors and construction businesses find, estimate, propose, track, and learn from bids.
Footing may help you:
- Review opportunities and bid documents.
- Generate starting estimates.
- Draft proposals.
- Track bids through a pipeline.
- Record outcomes such as won, lost, callback, or no-bid.
- Build Company Footing, including rates, past work, supplier quotes, and pricing memory.
- Generate insights and reports from your bidding activity.
Footing is a software tool. It does not replace your professional judgment.
2. Your responsibility for bids and submissions
You are responsible for reviewing and approving all estimates, proposals, bid amounts, scope assumptions, quantities, exclusions, markups, deadlines, compliance requirements, and submissions before using or sending them.
Footing may produce estimates, proposal text, recommendations, labels, reports, or other outputs that are incomplete, inaccurate, or not suitable for a specific job.
You are solely responsible for:
- Confirming quantities, units, rates, materials, labor, equipment, subcontractor costs, markups, taxes, bonds, insurance, permits, and other bid components.
- Reviewing solicitation documents, addenda, drawings, specifications, and instructions.
- Meeting bid deadlines and submission requirements.
- Confirming that any proposal or bid complies with customer, agency, legal, licensing, and contractual requirements.
- Deciding whether to bid, no-bid, submit, revise, or withdraw any proposal.
Footing does not guarantee that you will win any bid, receive callbacks, improve margins, or avoid losses.
3. No professional advice
Footing does not provide legal, financial, engineering, architectural, insurance, tax, accounting, bonding, licensing, or professional construction advice.
Any information generated by Footing is for business workflow and decision-support purposes only. You should consult qualified professionals when appropriate.
4. Accounts
You must provide accurate account information and keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
You must promptly notify us if you believe your account has been compromised.
5. Team workspaces
If your account is part of a company or team workspace, the workspace owner or administrator may control access, invite or remove users, manage billing, and view or manage workspace data.
You are responsible for ensuring that your team members are authorized to access the information available in your workspace.
6. Plans, credits, and billing
Footing may offer free, paid, business, managed, or custom plans.
Your plan may include Footing credits. Footing credits may be used for certain generation actions, such as generating estimates or proposals.
Unless otherwise stated:
- One Footing credit covers a bid for an opportunity: the estimate and the proposal generated from it share that single credit.
- Failed generations do not use credits.
- Credits may reset monthly, expire, or be one-time credits depending on your plan.
- Credits do not roll over unless we expressly say otherwise.
- Refinements, edits, outcome capture, and viewing existing information may be treated differently from new generations.
- We may apply document, upload, integration, or fair-use limits to protect service reliability and prevent abuse.
Paid fees are due according to the billing terms shown in your order form or written agreement. Payments may be processed by third-party payment processors.
By purchasing a paid plan, you authorize us and our payment processor to charge the payment method you provide for applicable fees, taxes, and recurring subscription charges.
Fees are exclusive of taxes unless stated otherwise, and you are responsible for applicable taxes.
We may change pricing, credits, plan features, or usage limits from time to time. Changes will not apply retroactively unless required by law or agreed with you.
Cancellation and refunds
You may cancel your paid plan at any time. If you cancel, your subscription will remain active until the end of the current billing period, and you will not be charged for the next billing period.
Unless required by law, payments are non-refundable and we do not provide partial refunds or credits for unused time, unused features, unused estimates, unused proposals, unused bid capacity, or unused credits.
If you believe you were charged in error, charged more than once, or billed after cancellation, contact us at support@arauan.com and we will review the issue.
We may offer refunds, credits, discounts, or trial extensions at our discretion, but doing so in one case does not require us to do so in the future.
7. Free plans and trials
Free plans or trials are offered for evaluation and may include limited credits, limited uploads, limited integrations, or other restrictions.
We may modify, suspend, or end free plans or trials at any time.
8. Managed and custom services
Managed or custom plans may include onboarding, data import assistance, rate library setup, past work migration, integration setup, custom reporting, or other services.
Any managed service terms, scope, fees, timelines, or deliverables should be documented in a separate order form, statement of work, or written agreement.
If an order form, statement of work, or written agreement conflicts with these Terms, the more specific written agreement controls for that managed or custom service.
9. Integrations and third-party services
Footing may allow you to connect third-party services, such as Gmail, Google Drive, Google Calendar, BuildingConnected, ConstructConnect, payment processors, storage providers, or other systems.
By connecting a third-party service, you authorize Footing to access and use data from that service as needed to provide the features you choose.
Third-party services are governed by their own terms and privacy policies. We are not responsible for third-party services, outages, errors, data practices, or content.
You may disconnect integrations where supported. Disconnecting an integration may limit Footing's ability to provide related features.
10. User content and ownership
You retain ownership of the documents, data, files, estimates, proposals, rates, quotes, outcomes, notes, and other content you upload or provide to Footing ("User Content").
You grant us a limited license to host, process, copy, transmit, display, analyze, and use User Content as needed to provide, maintain, secure, support, and improve Footing.
We do not use your confidential bid documents, private company rates, supplier quotes, connected-account data, or identifiable proposals to train generalized AI models for other customers.
You represent that you have the rights and permissions needed to upload, submit, or connect User Content to Footing.
11. Confidentiality and company data
We understand that bid documents, pricing, proposals, rates, supplier quotes, customer relationships, and outcomes may be sensitive business information.
We will not intentionally disclose your confidential bid or company data to other customers except as described in our Privacy Policy or with your permission.
Footing may use aggregated, anonymized, or de-identified data to improve the product and build insights, provided that the data does not identify you, your company, your customers, your raw documents, or your specific bids.
12. AI outputs
Footing uses AI systems to assist with extraction, drafting, estimating, classification, and reporting.
You understand that AI outputs may be wrong, incomplete, outdated, unsupported, or unsuitable for your specific use. You must review all outputs before relying on them.
We may label outputs based on their source, such as whether they come from solicitation documents, uploaded documents, your saved rates, past work, supplier quotes, opportunity summaries, or Footing's starting estimate. These labels are provided to help you review the output, not as a guarantee.
13. Acceptable use
You agree not to:
- Use Footing for unlawful, harmful, fraudulent, deceptive, or abusive purposes.
- Upload content you do not have the right to use.
- Attempt to access another user's account, workspace, data, or systems.
- Reverse engineer, scrape, copy, or misuse Footing or its underlying systems.
- Interfere with service security, availability, or performance.
- Use Footing to generate or submit fraudulent bids, false certifications, or deceptive proposals.
- Use Footing in a way that violates applicable procurement rules, laws, contracts, or platform rules.
- Upload malware, harmful code, or content intended to disrupt the service.
We may suspend or terminate accounts that violate these Terms.
14. Service availability and changes
We may modify, improve, suspend, or discontinue parts of Footing at any time.
We do not guarantee uninterrupted or error-free service. Some features may be in beta, experimental, or subject to change.
Beta or preview features may be changed, limited, or discontinued and may not be as reliable as generally available features.
15. Data export and deletion
We may provide ways to export certain information, such as estimates, proposals, pipeline records, or reports.
You may request deletion of your account or certain data. Some information may be retained where needed for legal, security, billing, backup, fraud prevention, or audit purposes.
Removing an item from an active pipeline may not delete the underlying bid memory or outcome history unless you choose permanent deletion where that option is available.
16. Intellectual property
Footing, including its software, design, workflows, branding, models, systems, features, and content, is owned by ARAUÁN or its licensors and is protected by intellectual property laws.
You may not copy, modify, distribute, sell, lease, or create derivative works from Footing except as allowed by these Terms.
17. Feedback
If you provide feedback, suggestions, or ideas, you allow us to use them without restriction or compensation to you.
18. Disclaimers
Footing is provided "as is" and "as available."
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and reliability.
We do not guarantee that Footing will produce accurate estimates, compliant proposals, winning bids, profitable pricing, complete document extraction, or correct recommendations.
19. Limitation of liability
To the fullest extent permitted by law, ARAUÁN and its affiliates, officers, employees, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost opportunities, lost bids, loss of goodwill, or business interruption.
To the fullest extent permitted by law, our total liability for any claim relating to the Services will not exceed the greater of:
- The amount you paid to us for the Services in the three months before the claim arose; or
- $100.
Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.
20. Indemnification
You agree to defend, indemnify, and hold harmless ARAUÁN and its affiliates, officers, employees, contractors, and service providers from claims, damages, liabilities, losses, and expenses arising from:
- Your use of Footing.
- Your User Content.
- Your bids, proposals, submissions, or business decisions.
- Your violation of these Terms.
- Your violation of law or third-party rights.
21. Termination
You may stop using Footing at any time.
We may suspend or terminate your access if you violate these Terms, create risk, fail to pay fees, or use the service in a way that may harm us, users, third parties, or the service.
After termination, certain provisions will survive, including ownership, confidentiality, disclaimers, limitation of liability, indemnification, and dispute terms.
22. Governing law
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.
Venue for any dispute will be in the state or federal courts located in Travis County, Texas, unless otherwise required by law or agreed in writing.
23. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will provide notice by updating the date above, posting a notice in the product, or contacting you.
Your continued use of Footing after changes become effective means you accept the updated Terms.
24. Contact
Questions about these Terms can be sent to:
ARAUAN LLC, doing business as Footing
Email: legal@arauan.com
Address: 5900 Balcones Drive STE 100, Austin, TX 78731