RoofCaptain AI — Terms of Service
DRAFT — NOT LEGAL ADVICE. Have an attorney review before use.
Last updated: [DATE]
Effective: [DATE]
1. Agreement
These Terms of Service ("Terms") are a binding agreement between [LEGAL ENTITY NAME], a [STATE] limited liability company ("RoofCaptain," "we," "us") and the business or individual agreeing to them ("Customer," "you").
By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you are agreeing on behalf of a company, you represent that you have authority to bind it.
2. The Service
RoofCaptain AI provides software that lets roofing contractors embed an automated roof-estimating tool on their websites and use standalone estimate landing pages. The Service uses third-party satellite and mapping data to produce preliminary, non-binding roof measurements and price ranges, and captures contact information from website visitors ("Leads") on your behalf.
We may modify, add, or remove features. If we make a material adverse change to core functionality, we will provide reasonable notice.
3. Estimates Are Preliminary — No Warranty of Accuracy
This section is important. Read it carefully.
3.1 Measurements and prices generated by the Service are estimates only, derived from third-party aerial and satellite data and from pricing parameters you configure. They are not quotes, bids, contracts, or offers.
3.2 The Service measures the primary structure identified at a given address. It may not include detached garages, patio covers, sheds, or other structures, and cannot detect conditions not visible from above — including decking condition, existing layers, rot, structural issues, or code requirements.
3.3 You are solely responsible for the prices displayed to your customers. You set the base rates, tier multipliers, waste factor, package contents, and all other pricing parameters. We do not review, approve, or validate your pricing.
3.4 You are responsible for verifying every estimate through on-site inspection before entering into any contract with a homeowner, and for ensuring the Service's output complies with all advertising, licensing, and consumer-protection requirements applicable to your business, including the rules of your state contractor licensing board.
3.5 We disclaim all responsibility for discrepancies between Service estimates and actual project costs, scope, or measurements.
4. Your Account and Responsibilities
4.1 You must provide accurate registration information and keep your credentials secure. You are responsible for all activity under your account.
4.2 You represent that you hold all licenses required to perform the services you advertise through the Service, and that any license number, certification, badge, warranty, or credential you display through the Service is accurate and currently held by you.
4.3 You will not:
- Use the Service for any unlawful purpose or in violation of these Terms
- Display false, misleading, or unsubstantiated claims through the Service
- Upload content you lack the rights to use, including third-party logos, badges, or certification marks
- Attempt to circumvent rate limits, security controls, or usage restrictions
- Resell, sublicense, or provide the Service to third parties without our written consent
- Reverse engineer, scrape, or attempt to extract the Service's source code or underlying data
- Use the Service to send unsolicited commercial messages in violation of applicable law
4.4 Communications with Leads. You are solely responsible for how you contact Leads, including compliance with the Telephone Consumer Protection Act, state telemarketing and Do-Not-Call laws, CAN-SPAM, and any applicable consent requirements. We do not obtain marketing consent on your behalf.
5. Leads and Customer Data
5.1 Ownership. As between you and us, you own the Lead data collected through your account. You grant us a license to host, process, and transmit it as necessary to provide the Service.
5.2 Our role. With respect to personal information of homeowners submitted through your widget or landing pages, you act as the business/controller and we act as a service provider/processor. Our handling is described in our Privacy Policy and, where applicable, a Data Processing Addendum.
5.3 Your obligations. You are responsible for providing any privacy notices and obtaining any consents required by law for the collection and use of Lead data, and for responding to consumer rights requests concerning data you control.
5.4 Retention. We retain Lead data while your account is active. Following cancellation or termination, we retain it for ninety (90) days to allow export or reactivation, after which we delete or de-identify it. You may request earlier deletion by contacting us. We may retain billing records and other information longer where required by law or reasonably necessary to resolve disputes or enforce agreements.
5.5 Export. You may export your Lead data at any time while your account is active.
6. Fees, Billing, and Cancellation
6.1 Paid subscriptions are billed in advance on a recurring basis through our payment processor. By subscribing, you authorize recurring charges until you cancel.
6.2 Fees are stated at the time of purchase. We may change pricing on renewal with at least thirty (30) days' notice.
6.3 Cancellation. You may cancel at any time. Cancellation takes effect at the end of the current billing period. Fees already paid are non-refundable except where required by law or expressly stated otherwise. No partial-period refunds.
6.4 If payment fails, we may suspend or terminate access after reasonable notice.
6.5 Fees are exclusive of taxes; you are responsible for applicable taxes other than taxes on our income.
7. Third-Party Services
The Service relies on third-party providers including mapping, satellite imagery, email delivery, and payment processing. Their availability, accuracy, and terms are outside our control. Interruption or change to a third-party service may affect the Service, and we are not liable for such interruptions.
8. Intellectual Property
8.1 We retain all rights in the Service, including its software, design, and documentation. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription.
8.2 You retain all rights in the content you upload (logos, badges, copy, pricing, imagery). You grant us a license to display and process it as necessary to provide the Service.
8.3 You represent that your uploaded content does not infringe any third party's rights and that you are authorized to display any certification marks or manufacturer badges you upload.
8.4 If you provide feedback or suggestions, we may use them without obligation to you.
9. Availability
We do not guarantee uninterrupted availability. We may perform maintenance, and the Service may be unavailable due to factors beyond our control. We do not commit to a specific uptime level unless separately agreed in writing.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, THAT ESTIMATES WILL BE ACCURATE, THAT LEADS WILL BE QUALIFIED OR GENUINE, OR THAT THE SERVICE WILL PRODUCE ANY PARTICULAR BUSINESS RESULT.
Some jurisdictions do not allow certain disclaimers; those portions apply only to the extent permitted.
11. Limitation of Liability
11.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY.
11.2 OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11.3 These limits apply regardless of the theory of liability and notwithstanding the failure of any limited remedy.
12. Indemnification
You will defend, indemnify, and hold harmless RoofCaptain and its officers, members, employees, and agents from any third-party claim, demand, loss, or expense (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) content you upload or display, including pricing, credentials, and marketing claims; (c) your communications with Leads; (d) your performance or non-performance of roofing work; (e) your violation of these Terms or applicable law.
13. Termination
13.1 You may terminate by cancelling your subscription.
13.2 We may suspend or terminate your access immediately if you materially breach these Terms, if required by law, or if your use poses a security or legal risk. For non-material breaches we will provide notice and a reasonable opportunity to cure where practical.
13.3 On termination, your right to use the Service ends. Sections 3, 5.4, 8, 10, 11, 12, 14, and 15 survive.
14. Dispute Resolution and Governing Law
14.1 These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles.
14.2 The parties will attempt in good faith to resolve any dispute informally by contacting the other party before filing a claim.
14.3 [OPTIONAL — DISCUSS WITH COUNSEL: binding arbitration clause and class-action waiver. Many SaaS agreements include one; whether it benefits you depends on your risk profile and it must be drafted carefully to be enforceable.]
14.4 Absent an arbitration provision, the state and federal courts located in [COUNTY], California have exclusive jurisdiction, and both parties consent to venue there.
15. General
15.1 Changes. We may update these Terms. Material changes will be communicated by email or in-product notice at least thirty (30) days before taking effect for existing customers. Continued use after the effective date constitutes acceptance.
15.2 Assignment. You may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or sale of assets.
15.3 Entire agreement. These Terms, together with the Privacy Policy and any order forms, are the entire agreement between the parties.
15.4 Severability. If a provision is unenforceable, the remainder stays in effect.
15.5 No waiver. Failure to enforce a provision is not a waiver.
15.6 Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
15.7 Notices. Legal notices to us: info@roofcaptainai.com and [MAILING ADDRESS]. Notices to you: the email on your account.
16. Contact
[LEGAL ENTITY NAME]
[MAILING ADDRESS]
info@roofcaptainai.com