Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of Estimart’s website, CRM platform, and mobile applications (collectively, the “Services”). By creating an account, accessing, or using the Services, you agree to these Terms.

Ownership Notice: Estimart is a brand of PBD GROUP. The Estimart name and logo are trademarks owned by PBD GROUP. Registered office: One Madison St, East Rutherford, NJ 07072, USA.

1) Agreement & Updates

By using the Services you represent that you have the authority to bind yourself or the organization you represent. We may update these Terms from time to time. If we make material changes, we will notify you via the Services or email. Your continued use after the Effective Date of an update constitutes acceptance.

2) Eligibility; Accounts

  • You must be at least 18 and capable of forming a binding contract.
  • You are responsible for keeping your credentials confidential and for all activity under your account.
  • Organization owners/admins control user roles and access inside their workspace.

3) Subscriptions, Pricing & Taxes

  • Paid plans are billed monthly unless otherwise stated. Pricing and plan features are described on our site.
  • Add‑ons (e.g., extra users or storage) may incur additional monthly charges as listed.
  • Fees are exclusive of taxes; you are responsible for any applicable sales, use, or similar taxes.
  • Unless required by law, all payments are non‑refundable once the billing period begins.
  • We may change prices upon at least 30 days’ notice; changes take effect on your next renewal.

4) Trials, Promotions & Betas

Trials/promotions are offered at our discretion and may be modified or terminated at any time. Beta features are provided “as is,” may be unstable, and may be discontinued without notice.

5) Acceptable Use

You agree not to misuse the Services. Prohibited activities include (without limitation):

  • Violating laws or third‑party rights; uploading illegal, infringing, or harmful content.
  • Attempting to access accounts, systems, or data without authorization; scanning or probing.
  • Introducing malware or interfering with service integrity or performance.
  • Reselling, white‑labeling, or framing the Services without our written consent.
  • Automated scraping or rate‑limiting abuse.
  • Using the Services to store or transmit Protected Health Information (PHI) or other regulated data unless we have a signed agreement permitting such use (e.g., a BAA).

6) Customer Data & Privacy

“Customer Data” means content you submit to the Services (e.g., jobs, estimates, files, photos, customer info). As between you and Estimart, you retain all rights to Customer Data. You grant us a limited license to process Customer Data solely to provide and improve the Services, and as otherwise permitted by our Privacy Policy.

You are responsible for obtaining all necessary rights and consents to upload Customer Data, including sharing with your organization’s users. We process personal data as described in our Privacy Policy.

7) Security; Availability & Support

  • We implement reasonable technical and organizational measures to protect the Services.
  • From time to time we may perform maintenance or updates that may temporarily affect availability.
  • Support is provided via our standard channels during normal business hours, unless otherwise agreed.

8) Third‑Party Services & Integrations

You may enable integrations with third‑party services (e.g., email, calendar, payments). Your use of third‑party services is governed by their terms and policies. We are not responsible for third‑party services and disclaim all liability arising from them.

9) Mobile Apps; App Store Terms

  • The Estimart mobile apps are licensed, not sold, and may be used only on devices you own or control.
  • For iOS: you acknowledge these Terms are between you and PBD GROUP (not Apple). Apple is not responsible for the app or its content and has no obligation to provide maintenance or support. In the event of any failure to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). Apple is a third‑party beneficiary of these Terms and may enforce them against you.
  • For Android: you must comply with Google Play terms and policies. Google is not responsible for the app or its content.

10) Intellectual Property

The Services, including software, interfaces, designs, and documentation, are owned by or licensed to PBD GROUP and are protected by law. Except for the limited rights expressly granted to you to use the Services during your subscription, we reserve all rights. You will not reverse engineer, decompile, or create derivative works from the Services.

11) Feedback

If you provide ideas or suggestions, you grant us a royalty‑free, irrevocable, transferable license to use them without restriction.

12) Confidentiality

Each party may access the other’s non‑public information that is marked confidential or would reasonably be considered confidential. The receiving party will use such information only to perform under these Terms and protect it using reasonable care.

13) Term; Suspension & Termination

  • These Terms remain in effect while you use the Services.
  • We may suspend or terminate access immediately for material breaches (e.g., security risk, unlawful use, non‑payment) or upon request by your organization admin.
  • Upon termination, your right to access the Services ceases. Certain provisions survive termination (including IP, confidentiality, disclaimers, limitations of liability, and dispute resolution).

14) Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR‑FREE OR UNINTERRUPTED.

15) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PBD GROUP OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO ESTIMART FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

16) Indemnification

You will defend, indemnify, and hold harmless PBD GROUP, its affiliates, and their respective officers, directors, employees, and agents from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your (or your users’) use of the Services, violation of these Terms, or infringement/misappropriation of third‑party rights.

17) Export & Sanctions

You represent that you are not located in, and will not use the Services from, any embargoed country or prohibited party list and that you will comply with U.S. and international export control and sanctions laws.

18) Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of New Jersey, without regard to its conflicts of law principles. Any dispute will be resolved through binding arbitration administered by JAMS under its Streamlined Rules in English, conducted remotely or in Bergen County, New Jersey, unless both parties agree otherwise. Each party waives the right to a jury trial and to participate in a class action. You may opt out of arbitration within 30 days of first accepting these Terms by emailing [email protected] with your account details.

19) Changes to the Services

We may enhance or modify features from time to time. If a change materially reduces core functionality of a paid plan, you may notify us within 30 days for a pro‑rated credit for the remaining period of your current term.

20) Miscellaneous

  • Entire Agreement: These Terms and any order or plan details constitute the entire agreement and supersede prior proposals or agreements.
  • Assignment: You may not assign these Terms without our consent; we may assign in connection with a merger, acquisition, or sale of assets.
  • Severability: If any provision is unenforceable, it will be modified to the extent necessary to be enforceable, and the remainder will remain in effect.
  • Force Majeure: We are not liable for delays or failures due to events beyond our reasonable control.
  • Publicity: We may identify your organization by name and logo as a customer unless you opt out via written notice.
  • Notices: We may provide notices via the Services, email, or your account admin address.

These Terms are for general informational purposes and are not legal advice. Please consult counsel to tailor them to your circumstances.

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