Terms of Service

By accessing our websites or using Deckstimate (Free, Branded, or PRO) or any related services, snapshots, automations, pipelines, calendars, digital agents, bots, or PDFs (collectively, the “Services”), you agree to these Terms of Service (“Terms”). If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business.

1) What we provide

• Deckstimate Free: a public estimator that generates on-page totals and a downloadable PDF; generic rates and assumptions.
• Deckstimate Branded: your logo + your supplied rates; hosted calculator link for your site/social; downloadable PDFs.
• Deckstimate PRO: CRM snapshot, pipelines, automations (email/SMS/voice), booking calendars, review requests, templates, and related implementation.
• Snapshots & Templates: prebuilt assets you can deploy to your own CRM/sub-accounts.
• Digital Agents: product pages and demos may include automated “digital agent” experiences for intake, pre-qualification, scheduling, and estimates.

2) Estimates & disclaimers

• All outputs (totals, PDFs, line items) are estimates based on inputs and rates you provide. They are not engineering, architectural, legal, tax, or accounting advice.
• You are responsible for verifying measurements, materials, code compliance, permits, labor, taxes, and the final price you present to customers.
• We are not responsible for errors, omissions, or decisions made from estimate output.

3) Acceptable use

• Use the Services only for lawful business purposes.
• No scraping, reverse engineering, or reselling our hosted tools without written permission.
• No spam or unlawful messaging through automations. You must obtain and maintain all required consents (e.g., TCPA/CASL/GDPR/CTIA) for SMS/email/voice outreach.
• Do not upload malicious code, attempt to circumvent security, or misuse AI/digital agent features.

4) Digital agents (AI), recordings, and consent

• Automated nature: When you click “Speak,” start a call, or chat on demo/product pages, you understand you may be interacting with a digital agent (automated system using AI) and not a human.
• Recording/monitoring: Calls and sessions with our digital agents or team may be monitored, recorded, transcribed, and analyzed for quality, training, support, analytics, and compliance.
• Consent-by-use: By initiating or continuing such interactions, you consent to the above processing and authorize storage of interaction content (audio/text/metadata) for the purposes stated in these Terms and our Privacy Policy.
• Alternative channels: If you do not consent, please use email or the contact form instead.

5) Communications & compliance

• Where you provide a phone number or email and request information, you authorize us (and our clients, where applicable) to contact you by SMS, email, or phone regarding your inquiry.
• Automations may include reminders, confirmations, follow-ups, and updates. You can opt out at any time (e.g., reply STOP to SMS or use unsubscribe links).
• You are responsible for the content, frequency, and compliance of communications you configure or trigger via the Services.

6) Your data & privacy

• You own your customer data. You grant FBA a non-exclusive license to process it to operate and improve the Services as described in our Privacy Policy.
• For certain PRO features, we can provide a data processing addendum (DPA) on request.
• You are responsible for the accuracy and legality of data you submit and for honoring applicable rights requests.

7) Intellectual property

• The Services (snapshots, workflows, designs, code, documentation) are owned by FBA or our licensors. No rights are granted except as expressly stated.
• Branded deliverables you supply (logos, business info in PDFs) remain your property; underlying systems remain ours.
• We grant a limited, revocable, non-transferable license to use snapshots/templates internally within your organization.

8) Subscriptions, plans & billing

• Recurring Terms: Branded and PRO are subscription products. You authorize recurring billing until cancellation per plan rules.
• Setup Fees: If applicable, setup fees are non-refundable once work begins.
• Month-to-Month: Cancel before the next renewal to avoid future charges.
• Term Discounts: Discounts tied to 6-month/annual terms require completion of the term; early termination may forfeit discounts or require payment of the remaining term.
• Late/Failed Payments: We may suspend/terminate access upon failure to pay. Chargebacks may result in immediate suspension and recovery of fees.
• Taxes: Fees are exclusive of taxes; you are responsible for all applicable taxes.

9) Service levels, beta, and changes

• We aim for high availability but do not guarantee uninterrupted uptime. Maintenance and third-party outages may occur.
• We may add, modify, or discontinue features. Material changes will be reflected in these Terms or communicated via site/app.
• Beta features (including experimental digital agent capabilities) are provided “as-is” with limited support.

10) Third-party services

• We integrate with third parties (CRMs, calendars, email/SMS/voice, payments, AI infrastructure). Their terms and policies apply; we are not responsible for their availability or actions.
• You are responsible for any third-party usage fees (e.g., SMS, email sends, payment processing, ads).

11) Marketing & communications

• Using Free tools may result in product updates/offers from FBA. You can opt out of marketing, but transactional/critical notices may still be sent.
• If you invite leads to use estimators or digital agents, you must provide required disclosures and obtain consents for any automated follow-ups you trigger.

12) Warranties & disclaimers

• The Services are provided “as-is” and “as-available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
• Outputs (including AI/digital agent responses) may be inaccurate or incomplete; you bear all risk of use.

13) Limitation of liability

• To the maximum extent permitted by law, FBA will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, or opportunities.
• Our aggregate liability for all claims in any 12-month period will not exceed the amounts you paid to FBA for the Services giving rise to the claim in the three (3) months preceding the event.

14) Indemnification

• You will indemnify and hold FBA harmless from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your content or data; (b) your misuse of the Services (including automations/communications); (c) your violation of law or these Terms; or (d) disputes with your customers.

15) Termination

• We may suspend or terminate access for violations of these Terms, illegal activity, non-payment, or risk to the Services.
• Upon termination, licenses end and hosted links may be deactivated. Export any needed data prior to termination.

16) Governing law; arbitration; class action waiver

• These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws rules.
• Any dispute will be resolved by binding arbitration in Wyoming before a single arbitrator; judgment on the award may be entered in any court of competent jurisdiction.
• No class actions: You and FBA agree to resolve disputes only on an individual basis, not as a plaintiff or class member in any class or representative proceeding.

17) Changes to Terms

We may update these Terms from time to time. The “Effective date” above will change when we do. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

18) Contact

Questions? Email [email protected].

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Heads-up for your customers: PDFs show “Estimate” figures, not final contract pricing. Actual job pricing may change after site inspection, codes/permits, material availability, and change orders.