These Terms of Service (“Terms”) govern your access to and use of the Estimoro construction estimating and takeoff platform, including our websites, applications, and related services (collectively, the “Service”), provided by [Estimoro legal entity name] (“Estimoro,” “we,” “us,” or “our”).
Please read these Terms carefully. They include important provisions limiting our liability and, depending on the final version, may require disputes to be resolved by binding arbitration on an individual basis.
By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you are entering into these Terms on behalf of a company or other organization, you represent that you have authority to bind that entity, and “you” refers to that entity. If you do not agree, do not use the Service.
You must be at least 18 years old and capable of forming a binding contract to use the Service. You agree to provide accurate registration information and to keep it current. As part of registration, we may require you to verify your email address and phone number. You are responsible for safeguarding your credentials and for all activity under your Account, and you must notify us promptly of any unauthorized use.
The Service allows you to upload construction plans and drawings, perform AI-assisted takeoffs and estimating, and manage related projects, customers, proposals, and invoices. We may add, modify, or discontinue features from time to time. Certain features depend on third-party providers and integrations.
Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription term.
You agree not to, and not to permit others to:
Output is generated electronically, including through artificial intelligence, and is provided as a tool to assist qualified professionals. Output may be incomplete or inaccurate and does not constitute, and is not a substitute for, professional engineering, architectural, code-compliance, or other professional advice.
You are solely responsible for reviewing, verifying, and approving all Output before relying on it, submitting bids, or making commitments. Estimoro is not responsible for decisions you make based on Output.
As between you and Estimoro, you own and retain all rights in your Customer Content. You grant us a worldwide, non-exclusive license to host, copy, process, transmit, and display Customer Content, and to share it with subprocessors, solely as needed to provide, secure, and support the Service and as described in our Privacy Policy.
You represent that you have all rights and permissions necessary to provide Customer Content and that its processing by us will not violate any law or third-party rights. We may generate and use Aggregated Data to operate, analyze, and improve the Service. We do not sell your Customer Content and do not permit AI subprocessors to use it to train their foundation models.
The Service, including all software, features, and content (excluding Customer Content), and all related intellectual property rights, are owned by Estimoro and its licensors. No rights are granted except as expressly stated in these Terms. If you provide feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction.
We may offer features identified as beta, preview, experimental, or evaluation (“Beta Features”). Beta Features are provided “as is” for evaluation, may be changed or withdrawn at any time, and may be less reliable than generally available features. Your use of Beta Features is at your own risk, and any disclaimers and liability limitations in these Terms apply with full force.
If you download our mobile application, we grant you a limited, revocable, non-transferable license to use it on devices you own or control, subject to these Terms and the rules of the applicable app store (for example, the Apple App Store or Google Play). Those app stores are not parties to these Terms and are not responsible for the application or its support. You agree to comply with the applicable app store's terms, and you represent that you are not located in an embargoed country or on a restricted-party list.
The Service may interoperate with third-party products and services (for example, Intuit QuickBooks Online and AI model providers). Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services, and their availability is not guaranteed.
You consent to receive communications from us electronically, including by email, SMS, and through the Service, and you agree that electronic communications, agreements, and records satisfy any legal requirement that such communications be in writing. Where the Service is used to send, accept, or sign proposals or other documents electronically, you agree that electronic signatures and acceptances are valid and binding to the fullest extent permitted by law. You are responsible for keeping your contact information current.
By providing your mobile number, you consent to receive transactional text messages from us, such as one-time verification codes and account or security notices. Message frequency varies, and message and data rates may apply. You can opt out of non-essential texts by replying STOP and get help by replying HELP. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for more detail.
We respect intellectual property rights and respond to notices of alleged infringement under the U.S. Digital Millennium Copyright Act (DMCA) and similar laws. If you believe content on the Service infringes your copyright, send a notice with the information required by the DMCA to our designated agent at legal@estimoro.com. We may remove allegedly infringing content and terminate repeat infringers' accounts.
Each party may have access to the other's non-public information. Each party agrees to protect the other's confidential information using reasonable care and to use it only as necessary to perform under these Terms, except where disclosure is required by law.
Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.
The Service and all Output are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that Output will be accurate or complete.
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, or goodwill, arising out of or relating to the Service, even if advised of the possibility of such damages.
To the maximum extent permitted by law, Estimoro's total aggregate liability arising out of or relating to these Terms or the Service will not exceed the amounts you paid to Estimoro for the Service in the twelve (12) months preceding the event giving rise to the claim.
You agree to defend, indemnify, and hold harmless Estimoro and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or relating to your Customer Content, your use of the Service, or your breach of these Terms or applicable law, including any claim that you failed to obtain required consents from your own clients.
These Terms remain in effect while you use the Service. You may cancel at any time through your Account; cancellation takes effect at the end of the current billing term. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or create risk or legal exposure for us. Upon termination, your right to use the Service ends. We will make Customer Content available for export for a limited period after termination, after which we may delete it in accordance with our Privacy Policy and retention practices.
We may modify the Service and these Terms from time to time. If we make material changes to these Terms, we will provide notice (for example, by updating the “Last updated” date and, where appropriate, by notice in the Service or by email). Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.
These Terms are governed by the laws of [State/Jurisdiction], without regard to its conflict-of-laws rules. Subject to legal review, the parties agree that disputes will be resolved through [binding arbitration / the courts located in [venue]], and that claims will be brought on an individual basis and not as a class action. Nothing in this section limits either party's ability to seek injunctive relief for intellectual property or confidentiality matters.
Questions about these Terms can be directed to: