Terms of Service

By creating an account, clicking to accept, or using the Service, you agree to these Terms on behalf of yourself and, if you use the Service for a company, that company (“Customer”). If you do not have authority to bind that company, do not use the Service. If a separately signed agreement between Customer and MM conflicts with these Terms, the signed agreement controls.

The Service provides construction takeoff, estimating, bidding and related workflow tools, offered in subscription tiers and optional managed-service arrangements. Customer is responsible for its users, for maintaining the confidentiality of credentials, and for all activity under its account. Paid subscriptions are billed per active seat: the subscription quantity follows the number of active users on Customer’s account and adjusts automatically, with mid-period changes prorated.

Subscriptions renew automatically — monthly plans each month, annual plans each year — and the payment method on file is charged at each renewal until Customer cancels. Renewal reminders and receipts are sent to the billing email on file. Prices may change with at least 30 days’ notice, effective at the next renewal. Payment processing is provided by Stripe; charges appear as ESTIMATE CITY on statements.

Payment methods and processing fees. Customer may pay by card or by bank debit (ACH). Card payments carry a 3% processing fee, disclosed at checkout and applied to the first charge and to each renewal. Bank (ACH) payments carry no processing fee.

Taxes. Prices exclude sales and similar taxes, which are calculated and added at checkout where applicable. Customer is responsible for all taxes other than taxes on MM’s income.

• Cancel anytime. Cancellation takes effect at the end of the current billing period. Service continues through the period already paid for; no further renewals are charged.
• 30-day money-back guarantee. On a Customer’s first paid subscription, Customer may cancel within 30 days of the first charge and receive a prorated refund of the unused subscription time. This guarantee applies once per Customer.
• After the first 30 days, amounts paid for elapsed or current billing periods are non-refundable; cancellation stops future charges.
• Setup & training fee. The one-time setup fee includes a scheduled training session and account setup work. It is non-refundable once the training session has been delivered; if Customer cancels under the 30-day guarantee before training has been delivered, the setup fee is refunded.

Trial and free-tier access is provided as-is, may be changed, limited or withdrawn at any time, and converts to a paid subscription only when Customer completes checkout. Data in a lapsed trial account may be deleted after a reasonable retention period.

As between the parties, Customer owns the plans, takeoffs, estimates, bids and other content it uploads or creates in the Service (“Customer Data”). Customer grants MM a license to host, process, transmit and display Customer Data as needed to provide and support the Service, to maintain backups, and to comply with law.

Aggregated data. MM may create and use data derived from Customer Data and Service usage in aggregated, de-identified form — including pricing, cost and quantity data — to operate, improve and develop the Service and to produce industry statistics, insights and benchmarks, provided that such data is always combined across multiple customers, does not identify Customer or any individual, and is never presented in a way that permits attribution of Customer’s confidential data to Customer. Following termination, Customer may request an export of Customer Data within 30 days; after that window MM may delete it.

MM grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the subscription term for Customer’s internal business purposes. Customer will not, and will not permit anyone to:

• copy, modify, translate or create derivative works of the Service or its software;
• reverse engineer, decompile, disassemble or otherwise attempt to derive source code, except to the extent a law prohibits that restriction;
• rent, lease, resell, sublicense, distribute or provide the Service to third parties as a service bureau or on their behalf;
• circumvent usage limits, seat counting, security or access controls, or probe or scan the Service for vulnerabilities without written permission;
• use automated means to scrape or bulk-extract content from the Service other than through features MM provides;
• use the Service to build, train or improve a competing product, or publish benchmarks of the Service without MM’s consent;
• upload malicious code or content that is unlawful or infringes third-party rights.

The Service — including its software, design, templates, datasets, takeoff libraries, documentation and all improvements — is and remains the exclusive property of MM and its licensors. No rights are granted except as expressly stated in these Terms. The Estimate City and Maverick Metrics names and logos are trademarks of MM. If Customer provides feedback or suggestions, MM may use them without restriction or obligation.

Each party will protect the other’s non-public information with at least reasonable care, use it only to perform under these Terms, and disclose it only to those who need it and are bound by comparable obligations, or where disclosure is required by law with reasonable notice where permitted.

The Service interoperates with third-party services (for example, Stripe for payments). Those services are governed by their own terms, and MM is not responsible for them. Estimating outputs depend on the plans and inputs provided; Customer is responsible for reviewing takeoffs, estimates and bids before relying on them commercially.

All pricing and quantity data in the Service is reference material, not professional advice. Unit prices, cost data, production rates, assemblies, takeoff libraries, templates and any pre-loaded or purchased datasets (together, “Reference Data”) are provided as starting points only. Construction costs vary by market, supplier, season, project conditions and scope, and Reference Data may be outdated, incomplete or inapplicable to Customer’s work.

Customer, as the contractor or estimating professional, is solely responsible for independently verifying every quantity, unit price, assumption and output before using it in any bid, proposal, contract or purchase decision. MM is not a contractor, engineer, architect or cost consultant to Customer; use of the Service creates no professional or fiduciary relationship, and MM has no liability for bids won or lost, pricing errors, quantity errors or project outcomes based on Reference Data or Service outputs.

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, MM disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement, and does not warrant that the Service will be uninterrupted, error-free or that outputs (including quantities, measurements and estimates) will be accurate or complete. Customer’s use of outputs in bids, contracts and construction work is at Customer’s own risk.

To the maximum extent permitted by law: (a) neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business opportunities, even if advised of the possibility; and (b) each party’s total aggregate liability arising out of or relating to the Service or these Terms will not exceed the amounts Customer paid to MM for the Service in the twelve (12) months before the first event giving rise to liability. These limits do not apply to Customer’s payment obligations, a party’s infringement or misappropriation of the other’s intellectual property, or Customer’s breach of Section 7.

Customer will defend and indemnify MM against third-party claims arising from Customer Data, Customer’s use of the Service in violation of these Terms or law, or Customer’s bids, estimates, contracts or construction work product. MM will defend and indemnify Customer against third-party claims that the Service, as provided by MM and used as permitted, infringes a U.S. patent, copyright or trademark, with the remedies limited to MM procuring rights, modifying the Service, or terminating and refunding prepaid unused fees.

MM may suspend or terminate access for non-payment, for a material breach of these Terms not cured within 10 days’ notice, or where necessary to protect the Service or comply with law. Customer may terminate by cancelling its subscription (Section 4). Sections 4, 6–9 and 11–17 survive termination.

These Terms are governed by the laws of the State of Texas, without regard to conflicts of law. The state and federal courts sitting in Travis County, Texas have exclusive jurisdiction, and each party consents to venue there. Each party waives trial by jury, and disputes must be brought individually — neither party will participate in a class or representative action against the other. Before filing suit, the parties will attempt in good faith to resolve any dispute through direct discussion for 30 days.

MM may update these Terms; material changes will be notified in-app or by email at least 30 days before taking effect, and continued use after the effective date is acceptance. Neither party is liable for delay or failure caused by events beyond its reasonable control. Customer may not assign these Terms without MM’s consent, except to a successor in a merger or sale of substantially all assets; MM may assign to an affiliate or successor. If a provision is unenforceable, the rest remain in effect. These Terms, the order/checkout details and any signed agreement are the entire agreement and supersede prior discussions. Notices to MM: [email protected].