Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Estimate Track ("Company," "we," "us," or "our") governing your access to and use of our bid management and job costing platform, including any related websites, applications, and services (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Platform.

Description of Service

Estimate Track provides a cloud-based platform for contractors, estimators, and project managers to:

• Create and manage project bids and estimates
• Track job costs and expenses
• Manage project timelines and schedules
• Visualize projects using Kanban boards and calendars
• Generate reports and analytics
• Export data in various formats

Account Registration

To use certain features of the Platform, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

You must be at least 18 years old to create an account. We reserve the right to suspend or terminate accounts that violate these Terms.

Subscription and Payments

Billing

Some features of the Platform require a paid subscription. By selecting a paid plan, you agree to pay the applicable fees. All fees are:

• Quoted in US dollars unless otherwise stated
• Due in advance on a monthly or annual basis
• Non-refundable except as required by law

Free Trial

We may offer a free trial period. At the end of the trial, your account will be charged unless you cancel before the trial expires.

Cancellation

You may cancel your subscription at any time. Upon cancellation, your access will continue until the end of your current billing period. We do not provide refunds for partial billing periods.

Acceptable Use

You agree not to use the Platform to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Platform's operation
• Use automated systems to access the Platform without permission
• Collect user information without consent
• Engage in fraudulent or deceptive practices

Your Content

Ownership

You retain ownership of all content, data, and information you upload to the Platform ("Your Content"). This includes projects, bids, estimates, and any other business data.

License to Us

By uploading Your Content, you grant us a limited license to store, process, and display Your Content solely to provide the Platform services to you. We will not share Your Content with third parties except as described in our Privacy Policy.

Your Responsibilities

You are responsible for ensuring Your Content does not violate any laws or third-party rights. You should maintain your own backups of important data.

Intellectual Property

The Platform and its original content, features, and functionality are owned by Estimate Track and are protected by international copyright, trademark, and other intellectual property laws.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability or fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation
• Accuracy or reliability of any information

We do not warrant that the Platform will meet your specific requirements or that any errors will be corrected.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESTIMATE TRACK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or data
• Business interruption
• Cost of substitute services
• Any other intangible losses

Our total liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

Indemnification

You agree to indemnify and hold harmless Estimate Track and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Platform or violation of these Terms.

Termination

We may terminate or suspend your account and access to the Platform immediately, without prior notice, for any reason, including if you breach these Terms.

Upon termination, your right to use the Platform will cease immediately. You may request a copy of your data within 30 days of termination.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts located in the United States.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on the Platform and updating the "Last updated" date. Your continued use of the Platform after such changes constitutes acceptance of the new Terms.