Terms of Service

The short version

You accept these terms by checking the "I agree to the Terms of Service and Privacy Policy" box at signup or before submitting payment. Continued use of the web app after a material update to these terms requires re-acceptance through that same checkbox. These terms cover what BMG does and doesn't do, how subscriptions work, what happens if there is a dispute, and the rules around sharing your account. Plain language, no hidden traps. If anything is unclear, email us.

Notice required by Texas Property Code Chapter 27 (Residential Construction Liability Act):

THIS CONTRACT IS SUBJECT TO CHAPTER 27 OF THE TEXAS PROPERTY CODE. THE PROVISIONS OF THAT CHAPTER MAY AFFECT YOUR RIGHT TO RECOVER DAMAGES ARISING FROM A CONSTRUCTION DEFECT. IF YOU HAVE A COMPLAINT CONCERNING A CONSTRUCTION DEFECT AND THAT DEFECT HAS NOT BEEN CORRECTED AS MAY BE REQUIRED BY LAW OR BY CONTRACT, YOU MUST PROVIDE THE NOTICE REQUIRED BY CHAPTER 27 OF THE TEXAS PROPERTY CODE TO THE CONTRACTOR BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, NOT LATER THAN THE 60TH DAY BEFORE THE DATE YOU FILE SUIT TO RECOVER DAMAGES IN A COURT OF LAW OR INITIATE ARBITRATION. THE NOTICE MUST REFER TO CHAPTER 27 OF THE TEXAS PROPERTY CODE AND MUST DESCRIBE THE CONSTRUCTION DEFECT. IF REQUESTED BY THE CONTRACTOR, YOU MUST PROVIDE THE CONTRACTOR ANY EVIDENCE THAT DEPICTS THE NATURE AND CAUSE OF THE DEFECT AND THE NATURE AND EXTENT OF REPAIRS NECESSARY TO REMEDY THE DEFECT, INCLUDING EXPERT REPORTS, PHOTOGRAPHS, AND VIDEOTAPES, IF THAT EVIDENCE WOULD BE DISCOVERABLE UNDER RULE 192, TEXAS RULES OF CIVIL PROCEDURE. THE CONTRACTOR IS ENTITLED TO INSPECT THE PROPERTY THAT IS THE SUBJECT OF THE COMPLAINT WITHIN A REASONABLE TIME AFTER THE CONTRACTOR'S RECEIPT OF THE NOTICE. THE CONTRACTOR MAY OFFER TO REPAIR OR PAY FOR THE REPAIR OF THE ALLEGED CONSTRUCTION DEFECT. YOU MAY NOT REJECT A REASONABLE OFFER OR REFUSE TO PERMIT THE CONTRACTOR A REASONABLE OPPORTUNITY TO REPAIR THE DEFECT BASED ON THE OFFER. IF YOU DO NOT FOLLOW THE PROCEDURES REQUIRED BY CHAPTER 27 OF THE TEXAS PROPERTY CODE, YOU MAY NOT BE ENTITLED TO RECOVER DAMAGES OR OBTAIN OTHER REMEDIES UNDER THAT CHAPTER.

1. Who this agreement is between

"BMG" or "we" means Busby Management Group LLC, a Texas limited liability company taxed as an S corporation.

"You" means anyone who uses our app or website: homeowners getting a one-off quote, general contractors getting subscriber pricing, anyone who creates an account, and anyone you authorize in writing to use your subscriber account in their capacity as a W-2 employee, named officer, or 1099 contractor exclusive to your business. Authorization does not extend to spouses, family members, friends, or affiliated businesses unless those individuals are W-2 employees of, or named officers of, the subscribing entity. Anyone outside that group needs their own subscription (see Section 5).

2. What BMG does

We perform interior and exterior non-structural demolition and rehab prep in Texas. That includes — but isn't limited to — pulling flooring, drywall, cabinets, fixtures, trim, and similar tear-out work; outdoor non-structural removal like sheds, fences, decks, and carports; and debris haul-off with broom-clean turnover. For any boundary structure (fence, deck attached to a property line, retaining feature, etc.), you confirm in writing before crews arrive that the structure is on your property and within your property lines — we don't tear out what isn't yours. We don't perform structural work, work on zoned commercial buildings without proper permitting, or anything requiring trade licenses we don't carry (plumbing, electrical, HVAC, asbestos or lead abatement).

What we do NOT do

Plumbing, electrical, or HVAC work (we can disconnect fixtures but not reroute or install)
Asbestos abatement or asbestos-containing material handling
Lead abatement (we follow EPA RRP lead-safe practices in pre-1978 homes — that is not the same as abatement)
Structural work, load-bearing demolition, or any work requiring a structural engineer
Any permit-required scope unless we agree in writing in advance
Build-back, finish carpentry, paint, or any reinstall work

Quotes you generate in our app for any of the above scopes are not binding on BMG.

3. Quotes and estimates

Estimates generated in our calculator are good-faith estimates based on what you enter. They are not a contract or a fixed-price commitment until both parties confirm the scope in a separate signed agreement.

Estimates are valid for 30 days from generation.
Final pricing is confirmed at an in-person site walk before any work begins.
If actual scope at the site differs from what you described, we'll generate an updated written change order on-site. You sign it (handwritten or printed-and-signed), we sign it, and only then do crews continue. No verbal scope changes — if it's not signed, it's not in the work.
Hauling fees may adjust if actual debris exceeds quoted volume.
$750 minimum job applies to all work (one-off and subscriber).

4. Subscriptions

Tiers and pricing

Menu Tier — $500/month. Member rates on every menu line item. Subscriber Floor Rule: you never pay more for a job than the equivalent one-off price. Best for GCs running 12+ demo jobs a year.
Universal Tier — $1,000/month. Smart Pricing — every job auto-bills at the lowest of itemized menu, $3.50/sqft plus disposal, or one-off equivalent. $0 mob fee, no rush fees, no access fees.

How to subscribe (the gated process)

Subscriptions aren't self-serve sign-up. To subscribe, you first sign the relevant Subscription Agreement (Menu Tier or Universal Tier). After we receive the signed agreement, BMG sends you a unique signup link where you enter your payment method and complete your first-month charge. Your subscription officially begins on the date your first month is successfully charged. If you sign the Subscription Agreement but don't complete signup at the BMG-provided link within 30 days, the agreement expires automatically and no charges occur.

Billing

Subscriptions are recurring monthly. The first month is charged immediately when you sign up. Each subsequent month is auto-charged on the same date the following month, via QuickBooks Payments to the card on file.

New customer trial pricing

If you've never used BMG, your first two jobs are eligible to be priced at Menu Tier subscriber rates instead of one-off rates as a no-commitment trial. After two trial jobs you can either sign up for a subscription to keep the member rates, or future jobs revert to standard one-off pricing. One trial allowance per company.

Important: the first month is non-refundable. If you sign up by accident or change your mind within the first 30 days, the initial $500 or $1,000 charge cannot be reversed. Make sure you actually want a subscription before clicking Confirm. Note: the first-month charge happens when you complete signup at the BMG-provided link, not at the moment you sign the Subscription Agreement. Up until you complete signup, no money has moved.

Cancellation

Cancel any time by emailing busbymanagementgroup@gmail.com with the subject "CANCEL SUBSCRIPTION," or through the self-service cancellation control in your subscriber dashboard at busbymanagementgroup.com. Either method satisfies your right under Texas Business & Commerce Code Chapter 611 to cancel through the same medium used to subscribe.

If you cancel through the dashboard, the cancellation is processed automatically and takes effect immediately. Your access to subscriber pricing and the BMG member portal terminates at the moment of cancellation, and no further charges occur.

If you cancel by email, BMG will process the cancellation within 2 business days of receipt. Your access terminates at the time of processing, and no further charges occur.

The first month is non-refundable (see "Billing" above). After the first month, if you cancel partway through a subsequent billing month, BMG pro-rates the unused days of that month and refunds the difference to your card on file within 14 business days. Maximum refund equals one month's retainer.

Tier changes (upgrade / downgrade)

You may upgrade or downgrade your subscription tier at any time. Upon a tier change, you authorize BMG to charge the first month of the new tier and to use the payment information on file to issue a refund for the unused portion of your prior tier's monthly fee. Refunds are issued by check or QuickBooks credit memo, initiated within 14 business days and received within 30 days.

Failed payments

If a recurring charge fails (expired card, declined transaction, etc.), we email you within 24 hours. You have 7 days to update payment info before your account is paused. After the 7-day grace window, if your card is still failing, your subscription is paused and any new quotes revert to one-off pricing. You can resume your subscription at any time by updating your payment method and making a new initial first-month payment. Your prior account history (account ID, audit log, watermark) is preserved, but the missed month is non-recoverable.

Price changes

We may change subscription prices, line-item rates, or perks with 30 days' notice via email. If you don't agree to a price change, cancel before it takes effect — you'll be billed at the old price through the end of your current billing period. Additionally, after 3 months of active subscription, if your usage materially exceeds what the current retainer is calibrated for, BMG may propose an adjusted retainer to reflect actual volume — you'll always be shown the math before any change takes effect, and you can cancel before the new rate kicks in if you don't agree. Our pricing is calibrated so subscribers consistently save money overall vs. one-off pricing; rate adjustments exist to keep both sides honest as your job mix evolves.

5. One account per subscriber. No sharing.

Subscriber accounts are licensed to a single business entity. The login credentials are personal to that subscriber and may not be shared with:

Anyone outside your business — friends, neighbors, other GCs, or other companies
Subcontractors who are not direct employees of the subscribing business
Family members, friends, or associates outside the subscribing business
Any other person or entity outside the company that signed up

Liquidated damages for unauthorized sharing: $1,000 per occurrence + termination. The parties agree that the harm BMG suffers from unauthorized account sharing (rate dilution, audit cost, loss of pricing integrity for paying subscribers) is difficult to estimate in advance, and that $1,000 per occurrence is a reasonable forecast of that harm, not a penalty. This protection exists for YOUR benefit; you're paying for an exclusive premium service, and unauthorized users diluting your member rates would undermine what you're paying for. Every quote you generate is watermarked with your subscriber name, account ID, IP address, and timestamp. We retain a 24-month audit log of every action in your portal. If we detect unauthorized use (non-subscribers running quotes through your account, your watermarked quotes circulating outside your business, or your member rates being given to someone who hasn't paid for them), BMG charges $1,000 per occurrence and may terminate your subscription without refund. Got someone who'd benefit from BMG? Refer them. They sign up for their own subscription, save on their own jobs, and your protected rates stay protected.

Multiple individuals at the same business may use the same account, as long as they all work for the subscribing business. If you need separate logins for separate offices or partners, contact us about a multi-seat arrangement.

6. Lead-safe practices and pre-1978 homes

The federal EPA Renovation, Repair, and Painting (RRP) Rule requires lead-safe work practices in housing built before 1978. BMG complies with this rule on every applicable job, including:

Containment of work areas with plastic sheeting
HEPA-filtered vacuum cleanup
Proper disposal of lead-containing debris
Worker training and PPE

A 12% surcharge on the labor portion of the quote applies to all pre-1978 jobs to cover the additional containment work. This surcharge is automatically calculated when you enter the year built in our calculator.

If you state a build year for a property and the actual year is materially different, any additional cost to perform the work safely (lead-safe protocols, EPA RRP containment, etc.) becomes your responsibility. For any property stated as built between 1978 and 1990, BMG may request documentation (county tax record, deed, original permit) to verify the year before crews are dispatched — this protects both parties from EPA RRP liability.

7. Service area

BMG operates in the following Texas region: Austin metro south through the I-35 corridor (Kyle, Buda, San Marcos, New Braunfels), continuing into northern San Antonio (Loop 1604 and surrounding suburbs).

We may decline jobs outside this area or charge additional travel fees. We may agree to work outside this area for the right project — contact us to discuss.

8. Your responsibilities as a customer

Provide accurate information about scope, address, year built, and access conditions. Repeated under-scoping — entering minimum quantities to artificially lower quote totals, omitting major scope, or gaming the calculator — will result in subscription termination. The pricing system is built around honest scope; abuse undermines what makes it work for both sides.
Ensure legal authorization to authorize demolition work at the property (you own it, you're a licensed GC for the project, or you have written owner consent)
Provide reasonable site access on the agreed dates
Identify any items that should NOT be removed in the scope notes (heirlooms, fixtures to save, etc.)
Notify us promptly of any damage or issue you observe during or after the work

Damage reporting window

You have 30 days from the date BMG completely vacates the job site to report any visible damage caused by our crews. Demolition is by nature a damaging process, so you accept the inherent property impact of the work. Reports of visible damage made more than 30 days after our final exit are not eligible for warranty review. Latent construction defects (defects that could not have been discovered by reasonable inspection within the 30-day window) remain subject to your rights under Chapter 27 of the Texas Property Code (the Residential Construction Liability Act). The project should be flowing; if you wait three months to report a wall scratch you could have seen on day one, that's on you, not us.

9. Warranty and liability

BMG warrants that work will be performed in a workmanlike manner consistent with industry standards and applicable codes for non-structural demolition. We carry $1M general liability insurance. A certificate of insurance is available on request.

What we are not liable for

Pre-existing conditions revealed by demolition (rotten subfloor, hidden mold, code violations, structural issues, etc.) — we identify these but do not remediate them
Damage caused by our identifying or accessing pre-existing conditions in the normal course of demolition
Damage to items not properly identified or protected by you in the scope notes
Delays caused by weather, material availability, or third-party trades
Lost profits, lost rental income, or other consequential damages

Maximum liability: in any dispute, BMG's total liability is capped at the amount you paid for the specific job giving rise to the dispute, or, for subscription disputes, the most recent month's subscription fee. This per-job cap covers scope errors, schedule overruns, and ordinary property impact during the demolition itself. The per-job cap does NOT apply to (i) damage caused by BMG's gross negligence or willful misconduct, (ii) bodily injury to a third party caused by BMG, or (iii) willful destruction of items expressly protected in writing under Section 8. For those categories, BMG's liability is governed by general law and BMG maintains $1,000,000 in commercial general liability insurance. If you are unsure whether a claim is subject to the cap, contact us at busbymanagementgroup@gmail.com and we will respond within 5 business days.

10. Dispute resolution

If you have a dispute with BMG, here's how it works:

Step 1: try to work it out

Email busbymanagementgroup@gmail.com describing the issue. We respond within 5 business days. Most disputes resolve at this step.

Step 2: mediation

If we can't resolve it via email, both parties agree to mediation in Hays County, Texas through a neutral mediator before filing any lawsuit or arbitration.

Step 3: arbitration

If mediation fails, the dispute is resolved by binding arbitration administered by the American Arbitration Association (AAA). For disputes brought by or against an individual homeowner acting in a personal, family, or household capacity, the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol apply. For all other disputes (including disputes brought by or against a general contractor, business, or commercial entity), the AAA Commercial Arbitration Rules apply. Arbitration takes place in Hays County, Texas. The decision is final and enforceable in court. Each party bears their own attorney fees, subject to any contrary award by the arbitrator under applicable law.

What this means

You waive the right to a jury trial for disputes with BMG
You waive the right to participate in a class action against BMG
You may still pursue small-claims court for disputes within that court's jurisdictional limit (in Texas, currently $20,000)

11. Governing law

These terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. Federal law applies where federal law preempts state law (EPA RRP rules, for example).

12. Changes to these terms

We may update these terms when our business changes. The "Last updated" date at the top reflects the most recent change. Material changes are emailed to active subscribers at least 30 days before they take effect. If you don't agree to a change, cancel before it takes effect.

13. Communications and automated text messages (SMS)

Current status: BMG does not currently send automated text messages. If we add SMS in the future, the rules in this section apply. Federal law (the Telephone Consumer Protection Act, or TCPA) governs automated calls and texts, and we draft this section to comply.

Scope of texts we may send

Transactional only by default. Quote ready, dispatch confirmation, payment receipt, missed payment, subscription renewal reminder, and similar account-related notices.
No marketing texts without separate consent. BMG will not send promotional or marketing SMS without your separate, prior express written consent specifically for marketing messages.

Consent and opt-out

Opt-in at signup. By providing your phone number and checking the dedicated SMS opt-in checkbox at signup (separate from the Terms of Service and Privacy Policy acceptance), you give BMG prior express written consent to send you the transactional texts described above using automated technology.
Consent is not a condition of using BMG, getting a quote, or buying a subscription.
Reply STOP to cancel; reply HELP for help. BMG honors STOP requests within ten business days. Standard text messaging applies to both opt-in confirmations and opt-out confirmations.
Message and data rates may apply. Your carrier may charge you for incoming or outgoing messages. BMG does not control or reimburse carrier charges.

14. Contact

Busby Management Group LLC
Kyle, TX
busbymanagementgroup@gmail.com
(201) 341-0224