Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and EstimateBuilderPro LLC ("EstimateBuilderPro," "we," "us," or "our") governing your access to and use of the EstimateBuilderPro platform, website, and services (collectively, the "Service").

Company Information:
EstimateBuilderPro LLC
1234 Business Ave, Suite 100, Denver, CO 80202, United States
Email: legal@estimatebuilderpro.com

You represent that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using the Service on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

EstimateBuilderPro provides a cloud-based software-as-a-service (SaaS) platform designed for contractors, service businesses, and freelancers to manage their business operations. Our Service includes:

• Estimate Management: Create, customize, send, and track professional estimates
• Invoice Management: Generate invoices, track payments, and manage receivables
• Client Management: Store and organize client information and history
• Payment Processing: Accept payments through integrated payment processors
• Calendar & Scheduling: Manage appointments, site visits, and project timelines
• Reporting & Analytics: Access business insights and financial reports
• Document Generation: Create and store professional business documents
• Third-Party Integrations: Connect with accounting software and other tools

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice to users.

3. User Accounts

3.1 Account Creation

To access most features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Use a valid email address that you own or control
• Create only one account per person or business entity

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to:

• Use a strong, unique password for your account
• Not share your login credentials with others
• Notify us immediately at support@estimatebuilderpro.com if you suspect unauthorized access
• Accept responsibility for all activities that occur under your account

3.3 Team Accounts

If your subscription plan allows multiple users, the account owner is responsible for all team members' compliance with these Terms and any actions taken through team member accounts.

4. Subscription Plans and Payment

4.1 Subscription Plans

We offer various subscription plans with different features and pricing. The specific features, limitations, and pricing for each plan are described on our pricing page and may be updated from time to time.

4.2 Free Trial

We may offer a free trial period for new users. At the end of the trial period:

• Your account will automatically convert to a paid subscription if you provided payment information
• You will be charged the applicable subscription fee unless you cancel before the trial ends
• You may cancel at any time during the trial without charge

4.3 Payment Terms

By subscribing to a paid plan, you agree to the following:

• Billing: Subscriptions are billed in advance on a monthly or annual basis
• Payment Method: You must provide a valid payment method (credit card, debit card)
• Automatic Renewal: Subscriptions automatically renew unless canceled before the renewal date
• Price Changes: We may change prices with 30 days' notice; changes apply at your next renewal
• Taxes: Prices may be exclusive of applicable taxes, which will be added at checkout
• Failed Payments: If payment fails, we may suspend access until payment is received

4.4 Refund Policy

4.5 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation:

• You will retain access until the end of your current billing period
• No further charges will be made after the current period
• Your data will be retained for 30 days, during which you may export it
• After 30 days, your data may be permanently deleted

5. User Content and Data

5.1 Your Content

"User Content" means all data, information, text, images, documents, and other materials that you upload, submit, or create using the Service, including estimates, invoices, client information, and business records.

5.2 Ownership

You retain all ownership rights to your User Content. We do not claim ownership over any of your User Content. Your business data, client lists, estimates, and invoices remain yours.

5.3 License to Us

By using the Service, you grant us a limited, non-exclusive, royalty-free license to:

• Store, process, and display your User Content as necessary to provide the Service
• Create backups of your User Content for data protection purposes
• Use anonymized and aggregated data (with no personally identifiable information) to improve our Service

This license terminates when you delete your User Content or close your account, except for:

• Backup copies that will be deleted in accordance with our retention schedule
• Anonymized data that cannot be traced back to you
• Data we are required to retain for legal or compliance purposes

5.4 Your Responsibilities

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to use and share your User Content
• Your User Content does not violate any laws or third-party rights
• You have obtained necessary consents to store client personal information
• Your use of client data complies with applicable privacy laws

5.5 Data Export

You may export your User Content at any time through the Service's export features. We provide exports in standard formats (CSV, JSON, PDF) to ensure data portability.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

6.1 Prohibited Activities

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for fraudulent purposes or to create fraudulent documents
• Impersonate any person or entity or misrepresent your affiliation
• Send spam, unsolicited communications, or misleading invoices
• Upload viruses, malware, or other malicious code
• Attempt to gain unauthorized access to any systems or accounts
• Interfere with or disrupt the Service or its infrastructure
• Reverse engineer, decompile, or attempt to extract source code
• Use automated tools (bots, scrapers) without our written permission
• Resell or sublicense the Service without authorization
• Use the Service to collect information about others without consent

6.2 Enforcement

We reserve the right to investigate violations and take appropriate action, including:

• Issuing warnings
• Suspending or terminating your account
• Removing prohibited content
• Reporting illegal activities to law enforcement
• Pursuing legal remedies

7. Third-Party Services and Integrations

The Service integrates with and may contain links to third-party services, including:

• Stripe: Payment processing
• QuickBooks: Accounting integration
• Google: Authentication and calendar

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for:

• The availability, accuracy, or content of third-party services
• Any damages or losses caused by third-party services
• Privacy practices of third-party services
• Changes to third-party services that may affect our integrations

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service, including its software, design, text, graphics, logos, icons, images, and all other content and materials ("EstimateBuilderPro Content"), is owned by or licensed to EstimateBuilderPro LLCand is protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. This license does not include:

• Any resale or commercial use of the Service or its content
• Modification, derivative works, or reverse engineering
• Use of data mining, robots, or similar data gathering tools
• Downloading or copying content except as expressly permitted

8.3 Trademarks

"EstimateBuilderPro" and our logos are trademarks of EstimateBuilderPro LLC. You may not use our trademarks without our prior written consent.

8.4 Feedback

If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that Feedback into the Service without any obligation to you.

9. Service Availability and Support

9.1 Availability

We strive to maintain high availability of the Service. However, the Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Emergency maintenance or security updates
• Factors beyond our control (internet outages, third-party service issues)

9.2 Support

Support availability varies by subscription plan:

• Basic Plan: Email support, response within 48 business hours
• Professional Plan: Priority email support, response within 24 business hours
• Enterprise Plan: Dedicated support with custom SLA

10. Disclaimer of Warranties

11. Limitation of Liability

12. Indemnification

You agree to indemnify, defend, and hold harmless EstimateBuilderPro LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Any dispute between you and your clients arising from documents created using the Service

13. Termination

13.1 Termination by You

You may terminate your account at any time by using the account deletion feature in your settings or by contacting us. Upon termination:

• Your right to access and use the Service will immediately cease
• You remain responsible for any outstanding fees
• You may export your data before termination

13.2 Termination by Us

We may suspend or terminate your account and access to the Service:

• For Cause: Immediately if you breach these Terms, engage in fraudulent activity, or pose a security risk
• For Convenience: With 30 days' notice, with a prorated refund for prepaid fees
• For Non-Payment: After 15 days of failed payment attempts

13.3 Effect of Termination

Upon termination, the following sections survive: User Content ownership, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles.

14.2 Dispute Resolution

Informal Resolution: Before filing a formal dispute, you agree to contact us at legal@estimatebuilderpro.com to attempt to resolve the dispute informally within 30 days.

14.3 Binding Arbitration

If we cannot resolve a dispute informally, any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Denver, Colorado.

14.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.5 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights. Claims eligible for small claims court may be brought there.

15. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemics, government actions, labor disputes, internet or telecommunications failures, power outages, or third-party service provider failures.

16. Changes to Terms

We may modify these Terms at any time. When we make changes:

• Minor Changes: Posted on this page with an updated "Last updated" date
• Material Changes: We will notify you via email and/or prominent notice in the Service at least 30 days before the changes take effect

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance. If you do not agree to the new Terms, you must stop using the Service.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and EstimateBuilderPro regarding the Service.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

17.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

18. Contact Us

If you have any questions about these Terms of Service, please contact us: