Terms of Service

1. Acceptance of terms

These Terms of Service (“Terms”) govern your access to and use of the websites, software, and services provided by Estimate Concierge (“Estimate Concierge”, “we”, “us”). By clicking to accept, creating an account, making a payment, or using our services, you agree to these Terms. Estimate Concierge is a one-time, satisfaction-guaranteed service — there is no subscription and no long-term contract. If you do not agree, do not use the services.

PLEASE NOTE: These Terms include a binding ARBITRATION provision and a CLASS-ACTION WAIVER (see Section 11, “Dispute resolution”) that affect how disputes between you and us are resolved — including that disputes are handled individually, not as a class action.

2. Services

We help you gather and compare contractor estimates. You tell us about a property or a job; we contact local contractors and collect comparable estimates and each contractor’s availability on your behalf; and we deliver them to you. You decide which contractor (if any) to hire, and you or your chosen contractor arrange and run the work. We do not book, schedule, supervise, perform, warrant, or guarantee any work, and we are not a party to any agreement between you and a contractor. Contractors are independent third parties, not our employees or agents.

3. Accounts

You are responsible for the information you provide, for maintaining the confidentiality of your login, and for all activity under your account. You must provide accurate business and contact information and keep it current.

4. Payments & billing

Paid plans are billed on a recurring basis (for example, monthly), plus usage-based charges where applicable (such as voice, SMS, and payment-processing fees). Card payments are processed by Stripe and are subject to Stripe’s terms. Where we facilitate payments to a business through its own connected Stripe account, that business is the merchant of record for those transactions. Optional cryptocurrency (USDC on the Polygon network) payments, where offered, are final once confirmed on-chain and must be sent on the correct network; transactions sent to the wrong network or address cannot be recovered.

5. Refunds & cancellation

Estimate Concierge is a one-time service backed by our satisfaction guarantee: if we don’t deliver the service you paid for, contact us and we’ll make it right — up to and including a refund at our discretion. You can also tell us to stop at any time once you have enough estimates.

6. Acceptable use

You agree not to use the services unlawfully, to send spam or unsolicited messages, to violate messaging or telecom regulations (including TCPA and carrier 10DLC requirements), to infringe others’ rights, or to attempt to disrupt or gain unauthorized access to the services. You are responsible for obtaining proper consent before sending messages to your customers.

7. Intellectual property

We retain all rights to our software, brand, and content. You retain rights to the content and data you provide, and you grant us the limited license needed to operate and deliver the services to you.

8. Disclaimers & limitation of liability

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES OF ACCURACY OR RELIABILITY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND WE ARE NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, OR FAILURES OF THIRD PARTIES THE SERVICES RELY ON, OR FOR EVENTS BEYOND OUR REASONABLE CONTROL.

Estimate Concierge gathers and compares estimates; it does not perform, book, schedule, supervise, warrant, or guarantee any work. Contractors are independent third parties, not our employees or agents. We do not warrant the accuracy, completeness, pricing, availability, licensing, insurance, or quality of any contractor, estimate, or work, and the decision whether and whom to hire is yours alone. We are not liable for the acts, omissions, estimates, or work of any contractor, or for the outcome of any project.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND REGARDLESS OF THE LEGAL THEORY, ESTIMATE CONCIERGE AND ITS OWNERS AND PERSONNEL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, BUSINESS, CUSTOMERS, LEADS, GOODWILL, OR DATA — INCLUDING ANY MISSED, DROPPED, OR UNANSWERED CALL, ANY MISSED OR MISBOOKED APPOINTMENT, ANY MISSED MESSAGE OR LEAD, OR ANY LOST REVENUE OR BUSINESS OPPORTUNITY — ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE CLAIM (OR ONE HUNDRED U.S. DOLLARS ($100) IF YOU PAID US NOTHING IN THAT PERIOD). THESE LIMITATIONS ARE A FUNDAMENTAL BASIS OF THE BARGAIN AND APPLY EVEN IF ANY LIMITED OR EXCLUSIVE REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for fraud, willful misconduct, gross negligence, or death or personal injury caused by our negligence. We will not be liable for any delay or failure caused by events beyond our reasonable control (including carrier, internet, cloud, service-provider, or power outages, government action, labor disputes, or cyberattacks). The services are tools and do not provide legal, medical, financial, or other professional advice. Some jurisdictions do not allow certain of these limitations, so some may not apply to you.

9. Indemnification

You will defend, indemnify, and hold harmless Estimate Concierge and its owners and personnel from and against any claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to your use of the services, the content and instructions you provide, your dealings with any third party (including any contractor and any project you pursue), and your compliance (or non-compliance) with the laws that apply to you and your business.

10. Privacy & messaging

Your use of the services is also governed by our Privacy Policy and, for text messaging, our SMS Terms & Conditions.

11. Dispute resolution — arbitration & class-action waiver

Please read this carefully — it affects your legal rights. You and Estimate Concierge agree to resolve any dispute as set out below.

Informal resolution first. Before starting an arbitration or lawsuit, you agree to email us at maria@estimateconcierge.com with a description of the dispute and give us 30 days to try to resolve it informally.

Binding individual arbitration. If we can’t resolve it, any dispute arising out of or relating to these Terms or the services will be settled by final and binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules, before a single arbitrator, rather than in court. The arbitration will take place in the Florida county of our principal place of business or by videoconference, and the Federal Arbitration Act governs this provision.

Class-action waiver. You and we may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, consolidated, representative, or private-attorney-general action. The arbitrator may not consolidate claims or preside over any class or representative proceeding.

Exceptions. Either party may still (a) bring an individual claim in small-claims court, and (b) seek injunctive or other equitable relief in court to protect its intellectual property or stop unauthorized use of the services, without first arbitrating.

If the class-action waiver is unenforceable. If it is found unenforceable as to a particular claim, only that claim will be severed and decided in court, and the rest of this section still applies. Class arbitration is never permitted.

Governing law; time limit. These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any claim must be brought within one (1) year after it arises or it is permanently barred, to the fullest extent permitted by law.

12. Changes & contact

We may update these Terms from time to time; continued use after changes means you accept them. Questions? Email maria@estimateconcierge.com.