Terms of Service — Estimarket

These Terms of Service (the “Terms”) govern your access to and use of the websites, applications, and services (collectively, the “Services”) operated by Estimarket LLC, a Colorado limited liability company (“Estimarket,” “we,” “us,” or “our”). The Services operate an online marketplace that allows homeowners (“Homeowners”) to post home-improvement projects and receive itemized quotes from independent contractors (“Contractors”). Homeowners and Contractors are each a “User.”

PLEASE READ THESE TERMS CAREFULLY. SECTION 17 CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS-ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. THEY REQUIRE YOU TO RESOLVE DISPUTES WITH ESTIMARKET ON AN INDIVIDUAL BASIS THROUGH ARBITRATION RATHER THAN IN COURT, UNLESS YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED BELOW.

By creating an account, clicking “I agree,” or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Eligibility and acceptance

You must be at least 18 years old and able to form a binding contract to use the Services. By using the Services, you represent and warrant that you meet these requirements and that all information you provide is accurate and current. If you use the Services on behalf of a business or other entity, you represent that you are authorized to bind that entity to these Terms.

The Services are intended for users located in the United States. We make no representation that the Services are appropriate or available for use outside the United States.

2. The Estimarket service — our role

Estimarket provides a neutral venue that connects Homeowners and Contractors. We are a technology platform only. We are NOT a party to, and are not responsible for, any agreement, transaction, communication, quote, contract, or project formed or performed between a Homeowner and a Contractor.

WE DO NOT PERFORM CONSTRUCTION, REPAIR, OR HOME-IMPROVEMENT WORK; WE ARE NOT A CONTRACTOR, BUILDER, OR LICENSED TRADESPERSON; AND WE DO NOT ACT AS AN AGENT FOR ANY USER. ANY CONTRACT FOR WORK IS SOLELY BETWEEN THE HOMEOWNER AND THE CONTRACTOR.

Estimarket does not handle, process, escrow, or guarantee any payments between Homeowners and Contractors. All payment for any project is arranged directly between the Homeowner and the Contractor. The only payments Estimarket processes are Contractor subscription fees, as described in Section 5.

We do not guarantee that any project will be quoted, accepted, completed, or completed to any standard of quality, nor do we guarantee the conduct, qualifications, or performance of any User.

3. Accounts and registration

You must register for an account to use most features of the Services. You agree to provide accurate, complete information and to keep it updated. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use. We may suspend or terminate accounts that contain false information or that violate these Terms.

4. Homeowner terms

As a Homeowner, you may post projects, share project details and photos, and receive and review quotes. You acknowledge that the project details and photos you submit will be visible to Contractors who bid on your project, and that your full property address will not be disclosed to a Contractor until you choose to invite that Contractor. You are solely responsible for selecting a Contractor, for independently verifying a Contractor’s qualifications, licensing, and insurance, and for negotiating and entering into any contract for work. Estimarket is free to use for Homeowners; we do not charge Homeowners a fee or take any percentage of any project. How we handle your information is described in our Privacy Policy.

5. Contractor subscriptions and billing

Contractors may access the Services through a paid subscription. We currently offer two tiers:

Pro: $25 per month, or $270 per year — up to 20 bid submissions per month, a contractor profile, customer budgets visible before you bid, and a performance dashboard.
Elite: $50 per month, or $540 per year — everything in Pro, plus unlimited bid submissions, the ability to accept direct bidding on the contractor’s website, an Elite badge, and advanced analytics on your bids.

How you are billed. Subscriptions are billed in advance and renew automatically until you cancel. Where you subscribe determines who processes your payment:

On the web — payments are processed by our third-party payment processor, Stripe. By subscribing, you authorize us and our payment processor to charge your payment method the applicable fees, plus any taxes, on a recurring basis.
Through the Apple App Store — payments are processed by Apple and are also governed by your agreement with Apple. Apple, not Estimarket, charges your payment method and administers billing, cancellation, and refunds for those subscriptions.

AUTOMATIC RENEWAL. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUAL) AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT FEE, UNTIL YOU CANCEL.

How to cancel. You may cancel at any time, and cancellation takes effect at the end of your current billing period. If you subscribed on the web, cancel through your account settings or by contacting us. If you subscribed through the Apple App Store, you must cancel through your Apple ID subscription settings — Estimarket cannot cancel an Apple-billed subscription on your behalf.

Refunds. Except where required by law, subscription fees are non-refundable, and we do not provide refunds or credits for partial billing periods. Subscriptions purchased through the Apple App Store are subject to Apple’s refund policies, and any refund request for those subscriptions must be made to Apple rather than to us.

Price changes. We may change subscription prices or features. We will give you advance notice of any price change, and the new price will apply to your next billing period after the notice. For subscriptions billed through Apple, price changes are also subject to Apple’s notice and consent process. Your continued use after a price change takes effect constitutes acceptance.

Promotions and free trials. We may offer promotional pricing, introductory rates, or free trial periods from time to time. The specific terms of any offer — including its duration, the price that applies when it ends, and any eligibility limits — will be disclosed to you at the time of the offer, and those disclosed terms control. We may limit an offer to new subscribers or to one offer per business, and we may modify or discontinue any offer prospectively; doing so will not change the terms already in effect for your current billing period.

IF YOU START A FREE TRIAL, YOUR SUBSCRIPTION WILL AUTOMATICALLY CONVERT TO A PAID SUBSCRIPTION AT THE THEN-CURRENT RATE FOR YOUR TIER WHEN THE TRIAL PERIOD ENDS, AND YOUR PAYMENT METHOD WILL BE CHARGED, UNLESS YOU CANCEL BEFORE THE TRIAL ENDS. WE WILL TELL YOU THE LENGTH OF THE TRIAL AND THE PRICE THAT WILL APPLY BEFORE YOU BEGIN, AND WE WILL REMIND YOU BEFORE THE TRIAL CONVERTS.

6. Contractor terms; licensing

As a Contractor, you may create a profile, view projects, and submit itemized quotes. You agree that all quotes and profile information you submit are accurate and made in good faith.

You represent and warrant that you hold, and will maintain in good standing, all licenses, registrations, permits, and authorizations required for you to lawfully operate your business and perform the work you offer, and that you carry insurance appropriate to your trade. You are solely responsible for your work, your employees and subcontractors, and your compliance with all applicable laws.

NO VERIFICATION GUARANTEE. WE MAY, BUT ARE NOT OBLIGATED TO, CHECK WHETHER A CONTRACTOR IS LICENSED TO DO BUSINESS. ANY SUCH CHECK IS LIMITED, IS PROVIDED FOR CONVENIENCE ONLY, AND DOES NOT CONSTITUTE A GUARANTEE, ENDORSEMENT, OR WARRANTY OF ANY CONTRACTOR’S LICENSING, INSURANCE, QUALIFICATIONS, OR WORK. WE DO NOT VERIFY INSURANCE. HOMEOWNERS ARE RESPONSIBLE FOR INDEPENDENTLY CONFIRMING A CONTRACTOR’S LICENSING, INSURANCE, AND QUALIFICATIONS BEFORE ENGAGING THEM.

7. User content

“User Content” means any content you submit to the Services, including project posts, photos, quotes, messages, reviews, and ratings. You retain ownership of your User Content. You grant Estimarket a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (for formatting), display, and distribute your User Content as necessary to operate, provide, promote, and improve the Services.

You represent that you own or have the necessary rights to your User Content and that it does not violate any law or third-party right. You are solely responsible for your User Content.

8. Reviews and ratings

The Services allow Users to post reviews and ratings of Contractors and of Estimarket. Reviews must reflect your genuine, firsthand experience and must not be false, misleading, defamatory, or submitted in exchange for compensation. We do not pre-screen reviews and are not responsible for them. We may, but are not obligated to, remove content that violates these Terms. We will not penalize or seek to silence Users for posting honest reviews, consistent with applicable law.

9. Prohibited conduct

You agree not to:

Use the Services for any unlawful, fraudulent, or harmful purpose;
Post false, misleading, infringing, defamatory, harassing, or obscene content;
Misrepresent your identity, licensing, qualifications, or affiliation;
Scrape, harvest, or collect other Users’ information except as needed to transact a bona fide project;
Interfere with, disrupt, or attempt to gain unauthorized access to the Services or their security;
Use the Services to send spam or unsolicited communications; or
Violate any applicable law or the rights of any third party.

10. Affiliate links and third-party services

We may recommend products, materials, or vendors that are relevant to your project based on the information you provide. Some recommendations and other parts of the Services contain affiliate links, from which Estimarket may earn a commission if you click through or make a purchase. We disclose these affiliate relationships where required. We do not control and are not responsible for third-party websites, products, or services, and your dealings with any third party are solely between you and that third party.

11. Intellectual property

The Services, including all software, text, graphics, logos, and the “Estimarket” name and marks, are owned by Estimarket or its licensors and are protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for their intended purpose, subject to these Terms. You may not copy, modify, distribute, reverse-engineer, or create derivative works of the Services except as permitted by law.

12. Copyright / DMCA policy

We respect intellectual-property rights and will respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. If you believe content on the Services infringes your copyright, send a notice with the required information to our designated agent: DMCA Agent, Estimarket LLC, 1990 Depew St, Unit 140083, Denver, CO 80214 — phone (717) 278-9990, email support@estimarket.com. We may remove allegedly infringing content and terminate repeat infringers’ access to the Services.

13. Termination

You may stop using the Services at any time. We may suspend or terminate your access at any time, with or without notice, including for violation of these Terms. Upon termination, the rights granted to you will cease, but any provisions that by their nature should survive (including Sections 2, 6–11 and 14–20) will survive. Termination does not entitle you to a refund except as required by law.

14. Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ESTIMARKET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY USER, QUOTE, OR PROJECT WILL MEET YOUR EXPECTATIONS. ESTIMARKET MAKES NO WARRANTY REGARDING THE CONDUCT, QUALIFICATIONS, LICENSING, INSURANCE, OR WORK OF ANY CONTRACTOR OR THE CONDUCT OF ANY HOMEOWNER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ESTIMARKET AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR PROPERTY DAMAGE OR PERSONAL INJURY ARISING FROM ANY PROJECT OR DEALINGS BETWEEN USERS, EVEN IF ADVISED OF THE POSSIBILITY. ESTIMARKET’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID ESTIMARKET IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

16. Indemnification

You agree to indemnify, defend, and hold harmless Estimarket and its officers, members, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your User Content, your violation of these Terms, your violation of any law or third-party right, or any project, transaction, or dispute between you and another User.

17. Dispute resolution; binding arbitration; class-action waiver

Please read this Section carefully — it affects your legal rights. Except for the matters described below, you and Estimarket agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services through final and binding individual arbitration, rather than in court.

Informal resolution. Before starting an arbitration, you agree to first contact us at support@estimarket.com and give us 30 days to resolve the dispute informally.

Arbitration. Arbitration will be administered by JAMS under its applicable consumer rules, including the JAMS Consumer Minimum Standards, by a single arbitrator, and may be conducted by phone, video, or written submissions. The arbitrator will decide the dispute, and judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section. If JAMS is unavailable or unwilling to administer the arbitration consistent with these Terms, you and Estimarket will agree on a substitute administrator; if the parties cannot agree, a court of competent jurisdiction may appoint one.

CLASS-ACTION WAIVER. YOU AND ESTIMARKET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.

30-day right to opt out. You may opt out of this arbitration agreement within 30 days after you first accept these Terms by sending written notice of your decision to opt out to support@estimarket.com, including your name and account information. If you opt out, neither you nor Estimarket can require the other to arbitrate, and this Section will not apply to you.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual property. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court.

18. Governing law and venue

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. To the extent any dispute is not subject to arbitration, you and Estimarket consent to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado.

19. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide notice, such as by posting the updated Terms with a new “Last Updated” date or notifying you through the Services. Your continued use of the Services after the changes take effect constitutes your acceptance of the revised Terms.

20. General

These Terms, together with our Privacy Policy, are the entire agreement between you and Estimarket regarding the Services and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. Nothing in these Terms creates any partnership, employment, agency, or joint-venture relationship between you and Estimarket.

21. Contact

Questions about these Terms may be sent to support@estimarket.com, or by mail to Estimarket LLC, 1990 Depew St., Unit 140083, Denver, CO 80214.