Terms of Service

These Terms of Service (“Terms”) govern your use of claroquote, a quoting tool for trade contractors operated by {{LEGAL_BUSINESS_NAME}} (“claroquote,” “we,” or “us”). By creating an account or using claroquote, you agree to these Terms. If you don’t agree, don’t use the service.

You must be at least 18 years old and able to form a binding contract. If you’re using claroquote on behalf of a business, you represent that you have authority to bind that business to these Terms.

You’re responsible for activity under your account and for keeping your credentials secure. Notify us immediately at {{SUPPORT_EMAIL}} if you suspect unauthorized access.

You’re responsible for the accuracy of information you enter — including business details, license numbers, pricing, and information about your customers.

When you add a customer to claroquote, you represent that you collected their contact information in the ordinary course of providing services to them and that you are authorized to contact them about the work you’ve quoted. This applies to phone numbers, addresses, and email — see Section 5 for SMS specifics.

You remain responsible for your relationship with your customer. claroquote provides the tools; you decide what to quote and how.

Quotes are estimates, not contracts

When you use claroquote to deliver a quote to a customer, that document is an estimateof scope and price. It is not, by itself, a binding home-improvement contract in the legal sense, and it does not necessarily contain the clauses your state law may require. For example, California Business and Professions Code §7159 mandates specific disclosures — including a three-day right to cancel and a mechanic’s lien warning — for any home-improvement contract over $500. New York, Florida, Texas, and other states have their own variants.

You are responsible for executing a separate written agreementwith your customer that meets your jurisdiction’s requirements before you begin paid work. claroquote is the quoting tool; it is not a substitute for a contract drafted for your state and trade. If you are unsure what your state requires, consult a licensed attorney or your state contractor licensing board.

claroquote sends SMS on your behalf — most commonly to deliver quote links to your customers. By using the send function, you confirm that:

• The customer gave you their phone number in person, in the ordinary course of requesting a quote from you.
• The customer has agreed, by providing their number for the purpose of receiving a quote, to receive a text message containing the quote from you via claroquote.
• You will not use claroquote to send unsolicited, marketing, or bulk SMS.
• You will honor customer opt-outs. If a customer tells you verbally or in writing that they no longer wish to receive SMS, you will not attempt to send them more.

If a customer replies STOP (or any recognized opt-out keyword) to a claroquote SMS, we will automatically block all future claroquote SMS to that number from every shop using claroquote. This is required by carrier compliance rules and by us.

Misuse of SMS through claroquote — including sending marketing, sending to strangers, ignoring opt-outs, or scraping numbers — is grounds for immediate account termination.

claroquote does not process payments directly. When a customer pays a quote, the funds are processed by Stripe under a Stripe Connect arrangement. You are responsible for maintaining a Stripe account in good standing, for any Stripe fees, and for complying with Stripe’s terms. Refunds and disputes are handled between you, the customer, and Stripe.

claroquote subscription fees (when applicable) are billed through {{BILLING_PROVIDER}}. All fees are non-refundable except where required by law.

You agree not to:

• Use claroquote for any illegal, fraudulent, or deceptive purpose.
• Send messages to people who have not given you their contact information directly.
• Impersonate another business or person.
• Interfere with or disrupt the service, or attempt to reverse-engineer it.
• Upload content that is illegal, infringing, harassing, or violates someone’s privacy.

claroquote’s software, design, and trademarks are owned by us. You get a limited, non-exclusive, non-transferable license to use them while you’re an active user.

You own the content you enter — customer records, quotes, photos, price book items. By using claroquote, you grant us a license to store, display, and transmit that content as necessary to provide the service (e.g. delivering a quote to your customer, storing your price book).

claroquote relies on third parties (Clerk, Stripe, Twilio, Neon, Vercel, and others) to deliver the service. Your use of those services through claroquote is subject to their terms where applicable. We’re not responsible for third-party outages or actions beyond our reasonable control.

You can stop using claroquote at any time. We may suspend or terminate your account if you violate these Terms, if we’re required to by law, or if we discontinue the service. When an account ends, we handle your data according to our Privacy Policy.

claroquote is provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We don’t guarantee the service will be uninterrupted, error-free, or that messages will always be delivered.

To the maximum extent permitted by law, claroquote and its operators will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of your use of the service. Our aggregate liability will not exceed the amounts you paid us in the twelve months before the claim.

You agree to indemnify and hold harmless claroquote, its operators, and its service providers from any claims arising out of your use of the service, your content, or your violation of these Terms — including claims brought by your customers related to how you handled their information or delivered work.

These Terms are governed by the laws of {{GOVERNING_STATE}}, without regard to its conflict-of-law principles. Any dispute will be resolved in the state or federal courts located in {{VENUE_CITY}}.

claroquote respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to our designated copyright agent.

If you believe that content accessible on or through claroquote infringes a copyright you own or control, send a written notice to our designated agent that includes all of the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material claimed to be infringing, with enough detail for us to locate it — ideally including the URL of the quote page.
• Your contact information (name, address, telephone, email).
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner of the copyright.

Designated Copyright Agent:

{{DMCA_AGENT_NAME}}
{{DMCA_AGENT_ADDRESS}}
Email: {{DMCA_AGENT_EMAIL}}
Phone: {{DMCA_AGENT_PHONE}}

We may, in appropriate circumstances and at our discretion, terminate the accounts of users who are repeat infringers. Misrepresentations in a DMCA notice may result in liability under Section 512(f) of the DMCA — please don’t submit frivolous notices.

We may update these Terms from time to time. Material changes will be announced in product or by email. Continued use of claroquote after the change means you accept the updated Terms.

Questions? Reach us at {{SUPPORT_EMAIL}} or {{BUSINESS_ADDRESS}}.