Terms of Service

These Terms of Service ("Terms") are an agreement between you and Prosite Services ("Prosite," "we," "us") covering your use of Prosite Estimator (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service. If you use the Service on behalf of a business, you agree to these Terms for that business.

Please read Sections 4 through 8 carefully. They limit our liability, include your agreement not to sue us over errors in the Service, and require disputes to be resolved by individual arbitration instead of in court or in a class action.

1. A free beta service

The Service is a free, beta-stage project offered on an experimental basis. It is currently provided at no cost. We may change, add, or remove features, introduce paid plans, limit usage, or suspend or discontinue the Service (in whole or in part) at any time, with or without notice. If we introduce fees, we will tell you before you are charged, and you can stop using the Service instead.

2. Your account

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for the information you provide, for keeping your password confidential, and for everything that happens under your account. Tell us right away at support@prositeservices.us if you believe your account has been accessed without permission.

3. Estimates are your responsibility

The Service is a calculation tool. Estimates, measurements, material quantities, labor hours, prices, totals, invoices, and any other output ("Output") are generated from formulas, default values, and the information you enter, and may be incomplete, inaccurate, or unsuitable for your job. Output is not professional, engineering, legal, tax, accounting, or financial advice.

You are solely responsible for reviewing and verifying all Output before relying on it, sharing it with anyone, or using it to bid, price, contract, purchase materials, or perform work. You are solely responsible for your bids, quotes, contracts, invoices, pricing decisions, taxes, permits, licensing, insurance, and compliance with the laws that apply to your business, and for your relationships with your own customers.

4. No warranties

The Service and all Output are provided "as is" and "as available," with all faults and without warranties of any kind, whether express, implied, or statutory, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or that the Service will be uninterrupted, secure, error-free, or that data will not be lost. You use the Service at your own risk.

5. Limitation of liability

To the fullest extent permitted by law, Prosite and its owners, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost jobs or bids, underbid or overbid work, cost of materials or labor, lost or corrupted data, or business interruption, arising out of or related to the Service, the Output, or these Terms, even if we were told such damages were possible. Our total liability for all claims arising out of or related to the Service, the Output, or these Terms will not exceed the greater of (a) the amount you paid us for the Service in the 12 months before the claim arose or (b) fifty U.S. dollars (US $50).

Some jurisdictions do not allow certain warranty exclusions or liability limits, so some of the above may not apply to you. In that case, our liability is limited to the smallest amount permitted by law.

6. Your agreement not to sue over errors

Because the Service is offered free of charge as a beta project, and as a condition of using it, you release Prosite and its owners, employees, contractors, and affiliates from, and agree not to bring any lawsuit, claim, or demand against them for, any loss or damage arising from errors, inaccuracies, omissions, bugs, downtime, or data loss in the Service or its Output, to the fullest extent permitted by law. This release does not apply to claims that cannot be waived under applicable law, such as claims for gross negligence or intentional misconduct where the law does not allow them to be released.

7. Indemnification

You agree to defend, indemnify, and hold harmless Prosite and its owners, employees, contractors, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service or the Output, (b) any estimate, bid, contract, invoice, or work you provide to your customers or anyone else, (c) information you enter into the Service, including information about your customers, or (d) your violation of these Terms or any law.

8. Disputes: individual arbitration and class action waiver

Before filing any claim, you agree to first contact us at support@prositeservices.us and try in good faith to resolve the dispute informally for at least 60 days.

If it is not resolved, any dispute arising out of or related to the Service or these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may bring an individual claim in small claims court if it qualifies. You and Prosite each waive the right to a jury trial and the right to bring or participate in a class action, class arbitration, or other representative proceeding. The Federal Arbitration Act governs this Section.

Any claim must be brought within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.

9. Your content and your customers' information

You keep ownership of the information you enter, such as your company details, logo, customer information, and estimates ("Your Content"). You give us permission to store, process, and display Your Content only as needed to operate and improve the Service. You are responsible for Your Content and confirm that you have the right to enter it, including any personal information about your customers, and that you will handle that information lawfully.

Keep your own copies. Because the Service is a free beta, data may be lost, and we do not guarantee backups. Download or save any estimates and records you need.

10. Acceptable use

You agree not to:

• use the Service for anything illegal, fraudulent, or deceptive;
• upload malware or content you do not have the right to use;
• try to access other users' accounts or data, or probe, scan, or break our security;
• overload, disrupt, scrape, copy, or reverse engineer the Service; or
• resell or redistribute the Service without our written permission.

11. Termination

You may stop using the Service at any time and may ask us to delete your account by emailing support@prositeservices.us. We may suspend or terminate your access at any time, for any reason, including violation of these Terms. Sections 3 through 9 and 12 survive termination.

12. General

These Terms and the Privacy Policy are the entire agreement between you and Prosite about the Service. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not transfer these Terms without our consent; we may transfer them in connection with a sale or reorganization of our business.

We may update these Terms from time to time. We will post the updated Terms on this page and change the effective date above. If a change is significant, we will make reasonable efforts to notify you. Continuing to use the Service after changes take effect means you accept the updated Terms.

13. Contact

Questions about these Terms? Email us at support@prositeservices.us.