Terms of Service
Effective date: October 24, 2025
Last updated: October 24, 2025
These Terms of Service (“Terms”) are a legally binding agreement between you and Electrical Estimator (“we,” “us,” “our”) governing your access to and use of our web-based estimating application, websites, and related services (collectively, the “Service”).
By creating an account, accessing, or using the Service, you agree to these Terms. If you are using the Service on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms. If you do not agree, do not use the Service.
1) Definitions
Account: A registered profile for a single user, or for an organization with multiple authorized users.
Organization (“Org”): A company or team that owns one or more Accounts; includes an Org Owner (or admins) who manages billing and user access.
User: Any individual who accesses the Service (including Org Owners, admins, and members).
Estimate Data: The information you create or upload in the Service (e.g., materials, DJE items, assemblies, notes, quantities, labor inputs, adjustments, saved estimates, exports).
Subscription: A paid plan for access to the Service’s features during a defined billing period.
Order: Any online purchase, subscription selection, or upgrade/downgrade you complete within the Service.
Policies: Our other documents referenced by these Terms (e.g., Privacy Policy), which are incorporated by reference.
2) Using the Service
2.1 Eligibility
You must be at least 18 years old and able to form a binding contract to use the Service.
2.2 Account Security
You are responsible for maintaining the confidentiality of login credentials and for all activity under your Account. Notify us immediately of any unauthorized use or security incident.
2.3 Organization Accounts & Roles
Org Owners control (a) who has access to the Org, (b) role assignments and permissions, and (c) billing. Org Owners are responsible for their Users’ compliance with these Terms.
2.4 Acceptable Use
- Access or attempt to access the Service by any means other than our intended interfaces;
- Bypass or attempt to bypass access limits, rate limits, authentication, or security controls;
- Probe, scan, or test the vulnerability of our systems without express written permission;
- Copy, scrape, index, or bulk-export the Service in a way that competes with us or harms performance for others;
- Upload unlawful, harmful, or infringing content;
- Use the Service to violate any law, regulation, or third-party right.
We may monitor use for security, reliability, and abuse prevention.
3) Subscriptions, Billing & Taxes
3.1 Plans; Auto-Renewal
Your Subscription begins when you complete an Order and continues for the billing period you select (e.g., monthly or annual). Subscriptions automatically renew at the then-current price unless canceled before the end of the current period.
3.2 Fees; Changes
Prices and features may change from time to time. Changes to existing Subscriptions take effect in the next billing cycle unless stated otherwise.
3.3 Taxes
All prices are exclusive of taxes. You are responsible for any applicable sales, use, VAT, GST, or similar taxes. Taxes (where applicable) will be added at checkout.
3.4 Refunds
Except where required by law or expressly stated otherwise, fees are non-refundable. If you cancel, your access continues until the end of the current paid period; no credits or partial refunds are provided.
3.5 Payment Processor
Payments are processed by third-party providers (e.g., Stripe). We do not store full card details. Your use of payment processing is subject to the processor’s terms.
4) Your Content & Data
4.1 Ownership
You own your Estimate Data. These Terms do not transfer ownership.
4.2 License to Operate the Service
You grant us a worldwide, non-exclusive license to host, process, transmit, display, and back up your Estimate Data only as needed to provide and improve the Service, to prevent fraud/abuse, and to comply with law.
4.3 Confidentiality
We will treat your Estimate Data as confidential and will not disclose it to third parties except to service providers under contract, as required by law, or with your consent.
4.4 Data Portability
You can export certain data (e.g., CSV/PDF) using the Service’s export features. Additional export options may be offered over time.
4.5 Retention & Deletion
We retain Estimate Data for the life of your Account and limited backup periods. If an Org Owner requests deletion or your Subscription terminates, we will delete or anonymize Estimate Data within a commercially reasonable time, subject to legal holds and backups.
5) Service Changes & Availability
We may modify features, discontinue features, or perform maintenance. We strive for high availability but do not guarantee uninterrupted operation. We may offer preview or beta features (“Beta”); Beta is provided as-is and may change or end at any time.
6) Intellectual Property
The Service (including software, UI, designs, and documentation) is owned by us or our licensors and is protected by IP laws. You receive a limited, non-exclusive, non-transferable, revocable license to use the Service during your Subscription. You may not reverse engineer, decompile, or create derivative works of the Service except to the extent such restrictions are prohibited by law.
Feedback. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction.
7) Third-Party Services
The Service may integrate with third-party services (e.g., payment processors, email providers). Your use of third-party services is governed by their terms and privacy policies. We are not responsible for third-party services.
8) Disclaimers; No Professional Advice
The Service assists with estimating. It does not constitute engineering, legal, financial, or compliance advice. You are solely responsible for verifying quantities, codes, labor assumptions, material pricing, and outputs before relying on them for bids or contracts.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
Some jurisdictions do not allow certain limitations; in that case, the limitations apply to the fullest extent permitted.
10) Indemnification
You will defend, indemnify, and hold us harmless from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your (or your Users’) misuse of the Service or violation of these Terms.
11) Suspension & Termination
We may suspend or terminate access immediately if you breach these Terms, fail to pay, or if your use risks the security or operation of the Service. You may cancel at any time in the app’s billing settings (or by contacting support) and your access will continue until the end of the current paid period.
Upon termination, you should export your Estimate Data before your access ends. We may delete remaining data after a reasonable period, subject to Section 4.5.
12) Changes to These Terms
We may update these Terms. For material changes, we will provide notice (e.g., email or in-app). Changes apply prospectively, and your continued use after the effective date constitutes acceptance.
13) Governing Law & Venue
These Terms are governed by the laws of the State of California, without regard to conflicts of law. You and we agree to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California.
14) Export & Sanctions
You must comply with all applicable export control and sanctions laws. You represent that you are not located in, or a resident of, any country or on any list where use of the Service is prohibited.
15) Miscellaneous
Entire Agreement. These Terms (and Policies referenced here) are the entire agreement between you and us regarding the Service.
No Waiver. Failure to enforce a provision is not a waiver.
Severability. If any provision is unenforceable, it will be modified to the minimum extent necessary; the remainder will stay in effect.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or asset transfer.
Notices. We may provide notices by email, in-app messages, or posting on our site.
16) Contact
Questions about these Terms? Email: support@kingsmarktech.com