Terms of Service

1. Introduction and Acceptance

Welcome to GC EstimatorAI. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and GC EstimatorAI, Inc. ("Company," "we," "us," "our"), a Delaware corporation, governing your access to and use of the GC EstimatorAI platform, including our website at gcestimator.app, mobile applications, APIs, and all related services (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS.

If you do not agree to these Terms, you must not access or use the Service. We reserve the right to modify these Terms at any time, and your continued use of the Service following any changes constitutes acceptance of those changes.

2. Definitions

• "Account" means the unique account created for you to access and use the Service.
• "Authorized User" means any individual authorized by you to access the Service under your Account.
• "Confidential Information" means any non-public information disclosed by either party that is designated as confidential or should reasonably be understood to be confidential.
• "Customer Data" means all data, content, and information uploaded, submitted, or created by you or your Authorized Users through the Service.
• "Documentation" means the user guides, help files, and other documentation we make available for the Service.
• "Subscription" means the paid plan you select that determines your access level and usage limits.
• "Third-Party Services" means third-party applications, websites, or services that integrate with the Service.

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use the Service, you must: (a) be at least 18 years of age or the age of legal majority in your jurisdiction; (b) have the legal capacity to enter into a binding agreement; (c) not be barred from using the Service under applicable law; and (d) if registering on behalf of a business entity, have authority to bind that entity.

3.2 Account Registration

You must provide accurate, complete, and current information during registration and maintain the accuracy of such information. You are responsible for: (a) maintaining the confidentiality of your login credentials; (b) all activities that occur under your Account; (c) immediately notifying us of any unauthorized access or security breach; and (d) ensuring that Authorized Users comply with these Terms.

3.3 Account Security

We recommend using strong, unique passwords and enabling multi-factor authentication when available. We are not liable for any loss or damage arising from your failure to maintain the security of your Account credentials.

4. Description of Service

GC EstimatorAI is a cloud-based Software-as-a-Service (SaaS) platform designed for construction professionals, general contractors, and estimators. The Service includes:

• AI-powered document analysis and cost estimation
• Construction estimate creation, editing, and management
• Invoice generation and payment processing
• Project scheduling, tracking, and management
• Team collaboration and client communication tools
• Time tracking and approval workflows
• Material and subcontractor management
• Document storage and file management
• Reporting and analytics dashboards
• Client portal for sharing estimates and invoices with clients
• Crew management and scheduling
• Job costing and profitability tracking
• Electronic signature (e-signature) capabilities
• Affiliate program for referral commissions

Features may vary based on your Subscription level. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.

5. Subscription, Billing, and Payment

5.1 Subscription Plans

We offer various subscription tiers with different features and usage limits. Details of each plan are available on our pricing page. You agree to pay all fees associated with your selected Subscription.

5.2 Free Trial

We may offer a free trial period. At the end of the trial, you must select a paid Subscription to continue full access. Trial terms may vary and are subject to change. We reserve the right to limit or terminate trial access at our discretion.

5.3 Billing and Payment

Subscriptions are billed in advance on a monthly or annual basis. You authorize us to charge your designated payment method for all fees. All payments are processed through Stripe, Inc. and are subject to their terms of service. Fees are non-refundable except as expressly provided herein or required by law.

5.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current rate for your Subscription tier.

5.5 Price Changes

We may modify pricing with at least thirty (30) days' advance notice. Price changes take effect at your next billing cycle. Continued use after a price change constitutes acceptance of the new pricing.

5.6 Refund Policy

We offer a thirty (30) day money-back guarantee for new annual Subscriptions. Refund requests must be submitted in writing within 30 days of the initial payment. Monthly subscriptions are non-refundable. Refunds are processed to the original payment method within 5-10 business days.

5.7 Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes, including sales, use, VAT, and GST taxes, except for taxes based on our net income.

6. Customer Data and Intellectual Property

6.1 Ownership of Customer Data

You retain all right, title, and interest in and to your Customer Data. We claim no ownership rights over your Customer Data.

6.2 License to Customer Data

You grant us a limited, non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, and display your Customer Data solely as necessary to: (a) provide and maintain the Service; (b) prevent or address technical or security issues; (c) comply with legal obligations; and (d) as otherwise permitted by our Privacy Policy.

6.3 AI and Machine Learning

Our Service uses artificial intelligence and machine learning technologies to analyze documents and generate estimates. You acknowledge that: (a) AI-generated content is provided for informational purposes and should be reviewed by qualified professionals; (b) we may use anonymized, aggregated data to improve our AI models; (c) your identifiable Customer Data is not used to train AI models accessible to other users without your explicit consent.

6.4 Our Intellectual Property

The Service, including all software, algorithms, interfaces, designs, text, graphics, logos, and other content, is owned by us or our licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or branding without prior written consent.

6.5 Feedback

If you provide suggestions, ideas, or feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without compensation or attribution to you.

7. Acceptable Use Policy

You agree NOT to:

• Use the Service for any illegal, fraudulent, or unauthorized purpose
• Violate any applicable local, state, national, or international law or regulation
• Upload, transmit, or distribute any malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems
• Interfere with, disrupt, or create an undue burden on the Service or connected networks
• Use automated systems (bots, scrapers, crawlers) without our prior written permission
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Remove, alter, or obscure any proprietary notices or labels
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest personal information of other users without consent
• Use the Service to send unsolicited commercial communications (spam)
• Sublicense, sell, resell, or transfer the Service without our authorization
• Circumvent any usage limits, access controls, or security measures
• Use the Service to compete directly with us or develop a competing product

8. Third-Party Services and Integrations

The Service may integrate with or contain links to Third-Party Services, including but not limited to:

• Payment processors (Stripe)
• Cloud storage providers (AWS S3)
• Email delivery services (AWS SES)
• AI providers (Anthropic, OpenAI, Google)
• Analytics services (Google Analytics)

Your use of Third-Party Services is governed by their respective terms and privacy policies. We are not responsible for the availability, accuracy, content, or practices of Third-Party Services.

9. Affiliate Program

We offer an affiliate program that allows approved participants to earn commissions by referring new customers to the Service.

9.1 Eligibility and Application

To participate in the affiliate program, you must: (a) submit an application providing accurate information about yourself and your promotional methods; (b) receive written approval from us; (c) comply with all program terms and guidelines; and (d) be at least 18 years of age or the age of legal majority in your jurisdiction.

9.2 Commission Structure

Approved affiliates earn a commission (currently 20% of subscription payments) for each new paying customer referred through their unique affiliate link. Commissions are recurring for as long as the referred customer maintains an active paid subscription. Commission rates and structure may be modified at our discretion with 30 days' notice.

9.3 Attribution and Cookies

Referrals are tracked using cookies with a 60-day attribution window. If a referred visitor signs up within 60 days of clicking your affiliate link, the referral will be attributed to you. Only the first affiliate click receives attribution credit.

9.4 Payouts

Commissions are paid monthly via Stripe once the minimum payout threshold ($50) is reached. You are responsible for providing accurate payout information and for any applicable taxes on commission income. We may withhold commissions if we suspect fraud or violations of these terms.

9.5 Prohibited Practices

Affiliates may NOT:

• Use paid advertising on branded keywords (e.g., "GC Estimator", "GC EstimatorAI")
• Make false, misleading, or exaggerated claims about the Service
• Engage in spamming, cookie stuffing, or other fraudulent tactics
• Create self-referrals or refer fake accounts
• Impersonate GC EstimatorAI or claim official partnership without authorization
• Use the Service's trademarks without prior written approval

9.6 Termination

We may suspend or terminate affiliate accounts at any time for violations of these terms or at our discretion. Upon termination, pending commissions may be forfeited if violations occurred. Affiliates may withdraw from the program at any time by providing written notice.

10. Confidentiality

Each party agrees to protect the other party's Confidential Information with the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. Confidential Information may only be disclosed to employees, contractors, or agents who need to know such information and are bound by confidentiality obligations at least as protective as these Terms.

Confidential Information does not include information that: (a) is or becomes publicly available without breach of this Agreement; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is rightfully obtained from a third party without restriction.

11. Professional Services Disclaimer

You acknowledge and agree that:

• All estimates, analyses, and recommendations should be reviewed and verified by qualified construction professionals before use
• We do not guarantee the accuracy, completeness, or suitability of AI-generated content for any particular project
• You are solely responsible for all decisions made based on information provided by the Service
• Local building codes, regulations, and requirements vary and must be independently verified
• Material costs, labor rates, and other pricing factors fluctuate and may differ from estimates

12. Disclaimer of Warranties

We do not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) the results obtained from the Service will be accurate or reliable; (c) any defects will be corrected; or (d) the Service is free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

13. Limitation of Liability

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless GC EstimatorAI, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service or any activity under your Account
• Your violation of these Terms or any applicable law
• Your Customer Data or any content you submit through the Service
• Your infringement or violation of any third-party rights
• Any claim that your Customer Data caused damage to a third party

15. Term and Termination

14.1 Term

These Terms commence upon your acceptance and continue until terminated in accordance with this section.

14.2 Termination by You

You may terminate your Account at any time through your account settings or by contacting support@gcestimator.app. Upon termination, you remain responsible for all fees incurred through the termination date.

14.3 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if you: (a) breach these Terms; (b) engage in fraudulent or illegal activity; (c) fail to pay applicable fees; (d) pose a security risk; or (e) for any other reason at our sole discretion with thirty (30) days' notice.

14.4 Effect of Termination

Upon termination: (a) your right to use the Service immediately ceases; (b) we may delete your Customer Data after thirty (30) days; (c) you may request export of your data within 30 days of termination; (d) all provisions that should survive termination shall remain in effect, including intellectual property, warranty disclaimers, limitation of liability, and dispute resolution.

16. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.2 Informal Resolution

Before initiating formal dispute resolution, you agree to first contact us at legal@gcestimator.app to attempt to resolve the dispute informally. We will attempt to resolve disputes within thirty (30) days.

15.3 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted in English in Wilmington, Delaware (or remotely via video conference if mutually agreed). The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in class action lawsuits or class-wide arbitration.

15.5 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. Additionally, disputes involving amounts under $10,000 may be resolved in small claims court.

17. Digital Millennium Copyright Act (DMCA)

We respect the intellectual property rights of others and expect users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing
• Contact information for the complaining party
• A statement that the complaining party has a good faith belief that use is not authorized
• A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner

DMCA Agent: legal@gcestimator.app

18. Export Compliance

The Service is subject to United States export control laws and regulations. You agree to comply with all applicable export laws, including the Export Administration Regulations (EAR) and sanctions programs administered by the Office of Foreign Assets Control (OFAC). You may not access or use the Service if you are located in, or a national or resident of, any country subject to U.S. sanctions, or if you are on any U.S. government denied party list.

19. U.S. Government Users

If you are a U.S. Government end user, the Service is a "Commercial Item" as defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. The Service is licensed to U.S. Government end users only with those rights provided under these Terms.

20. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, power outages, or internet service provider failures.

21. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and GC EstimatorAI regarding the Service and supersede all prior agreements, understandings, and representations.

20.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

20.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.

20.5 Notices

We may provide notices to you via email, posting on the Service, or other reasonable means. You must provide notices to us in writing at legal@gcestimator.app or by mail to our registered address.

20.6 Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us. Neither party has authority to bind the other or incur obligations on the other's behalf.

22. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by: (a) posting the updated Terms on this page; (b) updating the "Last updated" date; and (c) sending an email notification for significant changes. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

If you do not agree to the revised Terms, you must stop using the Service and may terminate your Account as provided in Section 14.

23. Contact Information

If you have questions about these Terms of Service, please contact us: