Terms of Service

1. Agreement to Terms

By accessing or using the AlgoSwift Estimation website and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

2. Description of Services

AlgoSwift Estimation provides professional electrical estimating services, including but not limited to:

• Material takeoffs and quantity surveys
• Labor cost calculations
• Electrical system design estimates
• Bid preparation and proposal support
• Project consultation services

3. User Accounts

3.1 Account Creation

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms, without prior notice.

4. Use of Services

4.1 Permitted Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable laws or regulations
• Impersonate or attempt to impersonate AlgoSwift Estimation or any employee or representative
• Engage in any conduct that restricts or inhibits anyone's use of the Services
• Use any automated system to access the Services without our express written permission
• Attempt to gain unauthorized access to any portion of the Services
• Upload or transmit viruses, malware, or any other malicious code

4.2 Project Submissions

When you submit project plans, specifications, or other materials to us, you represent and warrant that:

• You have the right to submit such materials
• The materials do not infringe on any third-party rights
• The materials are accurate and complete
• You have obtained all necessary permissions and approvals

5. Estimates and Pricing

5.1 Estimate Accuracy

While we strive to provide accurate estimates based on the information provided, all estimates are approximations and should not be considered final or binding quotes. Actual project costs may vary based on:

• Changes in material costs
• Labor rate fluctuations
• Project scope modifications
• Site conditions and unforeseen circumstances
• Code requirements and permit fees

5.2 Service Fees

Our service fees are based on project complexity, size, and turnaround time requirements. All fees must be paid in accordance with the payment terms specified in your service agreement or invoice.

5.3 Revisions

Minor revisions to estimates are included in our standard service. Major revisions or changes to project scope may incur additional fees. We will notify you of any additional charges before proceeding with major revisions.

6. Payment Terms

6.1 Payment Methods

We accept various payment methods including credit cards, debit cards, and electronic bank transfers. Payment processing is handled by secure third-party payment processors.

6.2 Payment Schedule

Payment terms will be specified in your service agreement. Typical payment schedules include:

• 50% deposit upon project acceptance
• 50% balance upon delivery of completed estimate
• Net 30 terms for established clients (subject to approval)

6.3 Late Payments

Late payments may be subject to interest charges of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is less.

6.4 Refunds

Refund requests must be submitted in writing within 7 days of estimate delivery. Refunds are evaluated on a case-by-case basis and may be subject to a restocking or processing fee.

7. Intellectual Property Rights

7.1 Our Content

All content on our website, including text, graphics, logos, images, and software, is the property of AlgoSwift Estimation or its licensors and is protected by copyright, trademark, and other intellectual property laws.

7.2 Your Content

You retain ownership of any materials you submit to us. By submitting materials, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and process such materials solely for the purpose of providing our Services.

7.3 Estimate Deliverables

Upon full payment, you receive a license to use the estimates and deliverables we provide for your specific project. You may not resell, redistribute, or use our estimates for other projects without our written permission.

8. Confidentiality

We understand that project information may be confidential. We agree to:

• Keep all project information confidential
• Use project information only for providing our Services
• Not disclose project information to third parties without your consent
• Implement reasonable security measures to protect your information

This confidentiality obligation does not apply to information that is publicly available or that we are required to disclose by law.

9. Warranties and Disclaimers

9.1 Service Warranty

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards. This warranty is limited to re-performance of deficient services at no additional charge.

9.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED ABOVE, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.3 No Guarantee of Results

We do not guarantee that our estimates will result in winning bids, project profitability, or any specific outcome. Estimates are based on information provided and industry standards but cannot account for all variables.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALGOSWIFT ESTIMATION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless AlgoSwift Estimation and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or related to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Any materials you submit to us

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

12.2 Arbitration

Any dispute arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Albany, New York.

12.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and AlgoSwift Estimation individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.

14. Termination

Either party may terminate the service relationship at any time with written notice. Upon termination:

• You remain responsible for any outstanding payments
• We will deliver any completed work
• Confidentiality obligations continue
• Provisions that by their nature should survive termination will survive

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and AlgoSwift Estimation regarding our Services and supersede all prior agreements and understandings.

17. Contact Information

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