ESTIMAIT Terms of Service

1. Description of Service

ESTIMAIT provides a B2B platform designed for General Contractors (GCs) to streamline the construction cost estimation process. The Service allows users to upload, store, and analyze project data, including drawings, proposals, quotes, and related construction documents, to generate accurate cost estimates.

2. Account Registration and Security

To use the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3. User Content and Confidentiality

3.1 Ownership of User Content

You retain all right, title, and interest in and to all data, information, drawings, blueprints, quotes, proposals, and other materials you upload, submit, or transmit to the Service ("User Content"). DOTBRAND LLC claims no ownership over your User Content.

3.2 Highly Confidential Information

We acknowledge that your User Content, particularly project drawings, financial quotes, and proprietary estimating methodologies, constitutes highly sensitive commercial information ("Confidential Information"). We agree to maintain the confidentiality of your Confidential Information and will not disclose it to any third party except as expressly permitted in these Terms, our Privacy Policy, or as required by law.

3.3 License to User Content

By submitting User Content to the Service, you grant DOTBRAND LLC a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, and create derivative works from your User Content solely for the following purposes:

• Providing, maintaining, and supporting the Service to you.
• Improving and training our AI estimation algorithms and machine learning models, provided that such data is aggregated and anonymized such that it cannot be reverse-engineered to identify you, your clients, or your specific projects.
• Addressing technical or security issues.
• As required by applicable law.

4. Acceptable Use Policy

You agree not to use the Service to:

• Upload or transmit any content that infringes upon any third party's intellectual property rights or violates any privacy or confidentiality obligations.
• Upload any malicious code, viruses, or software that could disrupt or harm the Service.
• Attempt to gain unauthorized access to other users' accounts or DOTBRAND LLC's systems.
• Reverse engineer, decompile, or disassemble the Service or its underlying algorithms.
• Use the Service for any illegal or unauthorized purpose, including but not limited to violating any local, state, national, or international law.

5. Intellectual Property Rights

DOTBRAND LLC retains all right, title, and interest in and to the Service, including all software, algorithms, user interfaces, designs, and all related intellectual property rights. Your use of the Service does not grant you any ownership rights in the Service itself.

6. Fees and Payment

If you subscribe to a paid tier of the Service, you agree to pay all applicable fees to DOTBRAND LLC as set forth on our pricing page or in a separate order form. All fees are non-refundable except as expressly provided in these Terms or required by law. We reserve the right to change our pricing upon reasonable notice to you. All invoices and payment processing will be handled by DOTBRAND LLC.

7. Term and Termination

7.1 Term

These Terms remain in effect until your subscription expires or is terminated by either party.

7.2 Termination

You may terminate your account at any time. We may suspend or terminate your access to the Service if you breach these Terms.

7.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We will handle your User Content in accordance with our Data Retention and Deletion Policy outlined in our Privacy Policy.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOTBRAND LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DOTBRAND LLC DOES NOT WARRANT THAT THE ESTIMATES GENERATED BY THE SERVICE WILL BE 100% ACCURATE, ERROR-FREE, OR SUITABLE FOR YOUR SPECIFIC BIDDING NEEDS. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING ALL ESTIMATES BEFORE SUBMITTING BIDS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOTBRAND LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. DOTBRAND LLC'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO DOTBRAND LLC FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless DOTBRAND LLC and its affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including but not limited to your User Content.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Delaware.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on the Service or via email. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

13. Contact Information

If you have any questions about these Terms, please contact us at:

General Support: info@estimait.io
Legal Matters: info@dotbrand.design
DOTBRAND LLC
8 The Green Ste B
Dover, Delaware 19901 US