Terms of Service

1. Agreement to Terms

By accessing or using Questimate (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and Clarity For Product LLC, DBA Questimate (“Company,” “we,” “us,” or “our”), a business operating in the State of Texas.

Age Requirement: You must be at least 18 years old to use this Service. By using Questimate, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2. Description of Service

Questimate is a software-as-a-service (SaaS) platform that helps contractors generate professional cost estimates using artificial intelligence technology. The Service includes:

• AI-powered estimate generation
• Bilingual estimate support (English/Spanish)
• PDF export functionality
• Conversation history storage
• SMS-based estimate generation
• Training data capture (with user consent)

3. User Accounts and Registration

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

4. Free Trial and Subscription Plans

4.1 Free Trial

New users receive 5 free estimates upon registration. No credit card is required for the free trial. Free trial estimates are subject to the same terms and conditions as paid estimates.

4.2 Subscription Tiers

We offer the following subscription plans:

• Founder Tier: $29.99/month (annual: $359.88) - Lifetime pricing guarantee, locked forever
• Starter Tier: $49.99/month - Includes 10 estimates per month and basic features
• Pro Tier: $79.99/month - Includes unlimited estimates and premium features

4.3 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• Payment is processed through Clerk (our authentication provider) and Stripe
• All fees are non-refundable except as required by law
• We reserve the right to change pricing with 30 days advance notice
• Founder Tier pricing is locked for life and will never increase

4.4 Cancellation and Refunds

• You may cancel your subscription at any time from your account settings
• Cancellation takes effect at the end of your current billing period
• You will retain access to the Service until the end of your paid period
• No refunds for partial months or unused estimates

5. Acceptable Use

You agree NOT to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit harmful code, viruses, or malicious software
• Attempt to gain unauthorized access to the Service
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without permission
• Resell or redistribute the Service without authorization
• Generate estimates for illegal or fraudulent purposes
• Submit false, misleading, or deceptive information
• Use the Service to harass, abuse, or harm others

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including all software, designs, text, graphics, and other content, is owned by or licensed to us and is protected by copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain ownership of all content you submit to the Service, including job descriptions, customer information, and generated estimates (“Your Content”).

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

• Store and process Your Content to provide the Service
• Use anonymized, de-identified data for improving the Service
• With your explicit consent, use captured estimates as training examples

6.3 User Responsibility for Inputs and Outputs

You are responsible for any text, data, or information you input into the Service (“Input”) as well as the resulting AI-generated estimates (“Output”). You represent and warrant that you have all necessary rights, licenses, and permissions needed to use your Input and that your Input does not violate any third-party rights.

7. AI-Generated Content Disclaimer

Questimate uses artificial intelligence to generate cost estimates. By using this Service, you acknowledge and agree to the following:

7.1 AI Limitations

• AI-generated estimates are provided as a starting point and should be reviewed for accuracy before use
• The AI may produce inaccurate, incomplete, or outdated information
• Material prices are sourced from web searches and may not reflect current market prices
• Labor calculations are estimates based on general industry standards and may not reflect your specific market or efficiency
• The AI does not have knowledge of local building codes, permit requirements, or licensing regulations

7.2 Your Responsibilities

• Review all estimates before sending to clients
• Verify pricing against current supplier rates
• Confirm labor calculations match your business practices
• Ensure compliance with local regulations and licensing requirements
• Use professional judgment when accepting or modifying AI suggestions

7.3 No Professional Advice

AI-generated estimates do not constitute professional, legal, financial, or construction advice. You should consult with qualified professionals for advice specific to your situation. We are not responsible for any decisions made based on AI-generated content.

8. Service Availability

We strive to maintain high availability of the Service, but we do not guarantee uninterrupted access.

• The Service may be temporarily unavailable due to maintenance, updates, or technical issues
• We do not offer a formal Service Level Agreement (SLA) for uptime
• Third-party services we depend on (Anthropic, Clerk, Vercel, Twilio) may experience outages
• We will make reasonable efforts to notify users of planned maintenance

9. Data and Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your data.

We use Clerk for authentication, Supabase for data storage, and Anthropic for AI processing. By using the Service, you also agree to their respective terms of service.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the Service will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of AI-generated content
• Warranties that defects will be corrected
• Warranties that the Service will meet your specific requirements

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Errors or inaccuracies in AI-generated estimates
• Decisions made based on AI-generated content
• Unauthorized access to or use of our servers or your data
• Interruption or cessation of the Service
• Bugs, viruses, or harmful code transmitted through the Service
• Actions or content of third parties
• Loss of business or contracts due to estimate errors

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless Questimate, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Estimates you send to clients using the Service
• Your Input or any content you submit to the Service
• Any claims by your clients related to estimates generated through the Service

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Request by law enforcement or government agency
• Abuse of the Service or other users

Upon termination, your right to use the Service will immediately cease. We will make reasonable efforts to provide you with access to export your data for 30 days after termination, unless termination was due to illegal activity.

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 Texas, without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any dispute arising from these Terms or the Service shall be resolved through:

1. Informal Resolution: Contact us at ashok@clarityforproduct.com to attempt informal resolution
2. Mediation: If informal resolution fails, binding mediation in Travis County, Texas
3. Arbitration: If mediation fails, binding arbitration under the American Arbitration Association rules

14.3 Class Action Waiver

You agree to resolve disputes with us only on an individual basis and waive any right to bring claims as a plaintiff or class member in any class, consolidated, or representative action.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Updating the “Last Updated” date at the top of this page
• Sending an email to your registered email address
• Displaying a prominent notice within the Service

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, or failures of third-party services.

17. Contact Information

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