Terms of Service

1. Acceptance of Terms

By accessing or using EstimateLock in any way, you agree to be legally bound by these Terms of Service. If you do not agree, stop using the Service immediately. Use of the Service constitutes your electronic signature to these Terms. These Terms are between you and SMBData LLC, a Texas limited liability company.

2. Description of Service

EstimateLock is a software tool that enables contractors to generate time-limited estimate links. EstimateLock is not a party to any agreement between you and your customers. We do not verify contractor licensing, bonding, insurance, or qualifications. We do not guarantee that estimate links will be delivered, opened, or acted upon. Delivery depends on third-party messaging platforms including WhatsApp and SMS carriers over which we have no control. Estimates created through the platform do not constitute legally binding contracts.

3. No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED OPERATION, DATA ACCURACY, OR SECURITY. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMBDATA LLC SHALL NOT BE LIABLE FOR: LOSS OF DATA, REVENUE, OR BUSINESS OPPORTUNITIES; SERVICE INTERRUPTIONS OR DOWNTIME; UNAUTHORIZED ACCESS BY THIRD PARTIES; CYBERATTACKS, HACKING, BOT ACTIVITY, OR DATA SCRAPING; ACTIONS OF THIRD-PARTY PROVIDERS INCLUDING HOSTING, EMAIL, PAYMENT, SMS, OR WHATSAPP SERVICES; DATA LOSS DUE TO TECHNICAL ERRORS, DATABASE FAILURES, OR HUMAN ERROR; FORCE MAJEURE EVENTS; OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES.

TOTAL LIABILITY CAP: Our total aggregate liability shall not exceed the amount you paid to EstimateLock in the thirty (30) days immediately preceding the claim. If you paid nothing, our total liability is zero dollars ($0.00).

5. Third Party Services

The Service depends on third-party infrastructure including Render, PostgreSQL, Resend, WhatsApp, SMS carriers, Stripe, and GitHub. We have no control over these services and assume zero liability for their outages, failures, data breaches, or changes. Your data transits through and is stored on third-party infrastructure and you accept all associated risks.

6. Security and Data Loss

No system is completely secure. We implement reasonable security measures but cannot guarantee protection against all attacks, unauthorized access, or data loss. In the event of a security incident or complete data loss for any reason including our own technical errors, our liability is limited to the cap in Section 4. You are solely responsible for maintaining your own independent records of all business-critical information.

7. Data License

By using EstimateLock, you grant SMBData LLC a perpetual, worldwide, royalty-free license to use anonymized and aggregated platform data to improve the Service, develop new features, create industry benchmarks, and build marketing partnerships with vetted industry suppliers, financing providers, and business service providers. This license survives termination. We will never sell your personal information or your customers’ personal identifiable information.

8. Marketing Communications

EstimateLock may present offers from vetted industry partners relevant to your trade and location. This is a core part of the free service offering. You may opt out in your profile settings at any time.

9. Contractor Responsibilities

You are solely responsible for the accuracy and legality of your estimates, compliance with all licensing and insurance requirements, your customer relationships and disputes, and ensuring your use of customer data complies with applicable law.

10. Indemnification

You agree to indemnify and hold harmless SMBData LLC from any claims, damages, costs, and legal fees arising from your use of the Service, violation of these Terms, or disputes with your customers.

11. Termination

We may suspend or terminate your account at any time for any reason. Upon termination your access ends immediately, we have no obligation to retain your data, and no refunds will be issued. Sections 4, 5, 6, 7, 10, 12, and 13 survive termination.

12. Dispute Resolution

These Terms are governed by Texas law. All disputes resolved exclusively in Dallas County, Texas courts. You waive any right to class action lawsuits or class-wide arbitration. You waive your right to a jury trial to the extent permitted by law.

13. Changes

We may update these Terms at any time. Continued use constitutes acceptance. It is your responsibility to review these Terms periodically.