Terms and Conditions

Last updated: [DATE]

These Terms and Conditions ("Terms") govern your access to and use of the Fence Quote Machine software and related services ("Service") provided by [LEGAL BUSINESS NAME], a [Washington LLC/corporation] ("Company," "we," "us," or "our"). By creating an account, checking "I agree," or using the Service, you ("Customer," "you," or "your") agree to be bound by these Terms.

1. Description of Service

Fence Quote Machine provides a software tool that enables fence contractors to publish a branded quote-request widget, let homeowners measure a fence line on a map to derive footage, corners, and sections, generate estimate ranges, produce contractor-only materials lists and slope/grade analysis, display optional financing payment estimates, create AI fence visualizations, build field quotes on a phone or tablet, and capture and manage the resulting leads. The Service is provided on a subscription basis together with a one-time setup and build fee.

2. Estimates Only — No Guarantee of Results

All footage, section counts, materials quantities, slope figures, financing payments, and prices produced by the Service are estimates generated from map measurements, elevation data, and the rates you configure. They are not binding quotes. A final price requires an on-site inspection and confirmation by a licensed contractor.

You further acknowledge that the Service is a software tool only. We make no representation, warranty, or guarantee regarding any specific outcome, result, increase in leads, conversions, revenue, customer traffic, or business performance arising from your use of the Service. Effectiveness depends on factors outside our control, including the quality and traffic of your website, your existing lead volume, your pricing and follow-up practices, market conditions, and how you configure the Service. Results vary, and any examples or projections we provide are illustrative only.

3. Setup Fee, Subscription, Billing, and Payment

  • 3.1. The Service consists of a one-time setup and build fee of $499 and a recurring subscription of $299 per month, as described at sign-up and as may be updated with notice.
  • 3.2. The setup fee covers configuration and build of your branded quote tool and is non-refundable once build work has begun.
  • 3.3. Subscription fees are billed in advance on a recurring basis and are non-refundable except where required by law.
  • 3.4. You authorize us and our payment processor to charge your payment method on each renewal date until you cancel.
  • 3.5. We may change pricing with at least [30] days' notice. Continued use after a price change constitutes acceptance.
  • 3.6. Failure to pay may result in suspension or termination of the Service, including deactivation of your live quote widget.

4. Cancellation and Termination

  • 4.1. You may cancel at any time through your dashboard billing settings or by contacting us; cancellation takes effect at the end of the current billing period.
  • 4.2. We may suspend or terminate your access at any time, with or without cause, including for violation of these Terms.
  • 4.3. Upon termination, your right to use the Service and your hosted quote widget ceases immediately. We are not liable for any loss resulting from termination.

5. Customer Responsibilities

You are solely responsible for: the accuracy of the pricing, rates, materials assumptions, slope upcharges, financing terms, service area, and branding you provide; the content of the quotes and estimates you generate or send through the Service; compliance with all laws applicable to your business, including consumer protection, advertising, financing disclosure, and contractor licensing laws; obtaining any consents required from your own customers for the communications the Service sends on your behalf; and the security of your account credentials.

6. Third-Party Services

The Service relies on third-party providers, including mapping and elevation services, email delivery, AI image generation, hosting, database, and payment processing. We are not responsible for the availability, accuracy, performance, or acts of any third-party provider. Map and elevation interactions are additionally subject to the applicable provider's terms and privacy policy.

7. Email Notifications and Communications

The Service sends email on your behalf, including homeowner estimate summaries, neighbor cost-share messages, site-visit requests, and lead notifications to you. You represent that you have any legally required consent for communications you initiate or trigger, and you agree to indemnify us for claims arising from those communications. The Service does not provide SMS or automated voice calling.

8. Homeowner Content and Neighbor Cost Sharing

Homeowners retain ownership of drawings, photos, and notes submitted through the widget. They grant a limited license to store and display that content to fulfill the Service and deliver the lead to you. Sharing a section cost with a neighbor is informational only and does not create any legal obligation on that neighbor to pay.

9. Service Availability ("As Is")

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of defects, or that it will meet your requirements. We may modify, suspend, or discontinue any part of the Service at any time. Scheduled and unscheduled downtime may occur.

10. Disclaimer of Warranties

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No advice or information obtained from us creates any warranty not expressly stated in these Terms.

11. Limitation of Liability

To the fullest extent permitted by law:

  • We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business, or goodwill, arising out of or related to the Service.
  • We will not be liable for construction outcomes, material shortages or overages, or losses arising from reliance on an estimate, materials list, slope analysis, or financing figure produced by the Service.
  • Our total aggregate liability for any claim arising out of or related to these Terms or the Service will not exceed the total amount you paid us in the [three (3)] months immediately preceding the event giving rise to the claim.
  • These limitations apply regardless of the legal theory and even if we have been advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its owners, officers, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your content, pricing, or quotes, your communications with your customers, the fence work you perform, or your violation of these Terms or any law.

13. Intellectual Property

The Service, including all software, designs, and branding, is owned by the Company and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service during your subscription. You may not copy, reverse-engineer, resell, or create derivative works from the Service. You retain ownership of your own logo, brand assets, and pricing data, and grant us a license to use them to build and operate your quote tool.

14. Data and Privacy

Our handling of data is described in our Privacy Policy, incorporated by reference. You are the controller of the homeowner and lead data you collect through the Service and are responsible for your own privacy obligations to those customers.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated with reasonable notice. Continued use after changes take effect constitutes acceptance.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles. [Optional: Any dispute will be resolved by binding arbitration in [County], Washington, and you waive any right to a jury trial or to participate in a class action.] Venue for any permitted court action lies in [County], Washington.

17. Miscellaneous

If any provision is found unenforceable, the remainder stays in effect. Our failure to enforce any provision is not a waiver. These Terms are the entire agreement between you and us regarding the Service. You may not assign these Terms without our consent; we may assign freely.

18. Acceptance

By checking "I agree" at sign-up or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

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