Terms of service

1. Agreement

These terms are an agreement between you (“you,” “Customer”) and OMEGABYTE TECHNOLOGIES, INC (“OMEGABYTE,” “we”), a Texas corporation, covering the Roof Intelligence website, application, API, report pages and related services (the “Service”). By creating an account, starting a trial, or using the Service you accept them. If you are accepting on behalf of a company, you confirm you are authorised to bind it.

2. The Service

Roof Intelligence produces preliminary roof measurements and estimate ranges from aerial and satellite imagery, publishes them as a report, writes leads into your customer-relationship management system, and sends follow-up messages you have configured. Roof Intelligence is currently in design-partner release; some modules are identified on our website as being in pilot or scheduled for a future date and are not warranted to be available on any particular schedule.

3. Estimates and measurements — read this one

Every figure the Service produces is a preliminary estimate, not a quote, a bid, a contract price, or an insurance scope. Measurements are derived from third-party aerial and satellite imagery that may be months or years old, may be obscured, and may not reflect additions, damage, alterations or structures that are not visible from above. Estimate ranges are calculated from a price book that you supply and control.

The Service is provided as an aid to estimating and is not a substitute for a physical inspection by a qualified roofing professional. We make no warranty as to the accuracy, completeness or fitness of any measurement, pitch, facet count, waste factor, quantity, material list or estimate. You are solely responsible for verifying measurements on site before quoting, contracting, ordering material or performing work, and for every price you present to any customer of yours.

You will not present any output of the Service to a consumer as a firm quote, and you will not remove or obscure the preliminary-estimate disclaimer from any report page or PDF.

4. Accounts and trials

You are responsible for the accuracy of your account information, for your users' actions, and for keeping credentials and API keys secure. Free trials run for the period stated at signup, may be modified or ended at our discretion, and convert to a paid plan only if you choose one. We do not charge a payment method you have not given us.

5. Fees and billing

Plan fees are billed monthly in advance and usage-based charges — reports beyond your included allowance, video minutes, seats and pass-through telephony — in arrears. All prices are in US dollars and exclusive of applicable taxes. Fees are non-refundable except where the law requires otherwise. A completed report on a confirmed building is billable; abandoned lookups, buildings rejected at the confirmation card, addresses without usable imagery coverage, and a repeat run of the same address within 30 days are not. Included allowances do not roll over. Plans are month to month; you may cancel at any time in the portal and service continues to the end of the current period. We may change prices for a following period on 30 days' notice.

6. Your obligations

• Consent. You will only submit a phone number or email address to the Service where the person it belongs to has given prior express consent to be contacted about the request, and you will not use the Service for unsolicited outreach. You are responsible for complying with the Telephone Consumer Protection Act, applicable state telemarketing and do-not-call laws, CAN-SPAM, and the carrier requirements for A2P 10DLC registration on any number you send from.
• Price book. You are responsible for the accuracy and currency of the price book you load and for every price derived from it.
• Lawful use. You will not use the Service to compile property data on people who have not requested a report from you, to resell raw imagery or derived data as a standalone product, to reverse engineer or benchmark the Service for a competing offering, or to circumvent usage limits, rate limits or fair-use caps.
• Your customers. If you serve consumers through the Service, you are the controller of their information and you will maintain a privacy policy that accurately describes what you do with it.

7. Third-party data and services

The Service depends on third-party mapping, imagery, messaging, telephony, video and payment providers. Imagery and building data are supplied by those providers under their own terms and may include required attribution; you may not extract, cache or redistribute that imagery outside the reports the Service generates. Availability, coverage and accuracy of third-party data are outside our control, and changes to a provider's terms, pricing or coverage may require us to change the Service.

8. Data ownership

You own your data — your leads, reports, price books, imagery derived for your account and CRM records. You grant us a limited licence to host, process and transmit it solely to operate the Service for you and as described in our privacy policy. We own the Service, our software, models, templates and documentation, and nothing here transfers that. You may export your data at any time during your subscription and for 30 days after it ends. We may use aggregated, de-identified statistics that do not identify you, your customers or any property to operate and improve the Service.

9. Availability and support

We aim for high availability but the Service is provided without an uptime commitment unless a separate written service-level agreement says otherwise. We may perform maintenance, and we will give notice of planned downtime where practical. Support channels and response expectations are those published for your plan.

10. Disclaimer of warranties

Except as expressly stated here, the Service is provided “as is” and “as available.” To the maximum extent permitted by law, OMEGABYTE disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty as to the accuracy or reliability of measurements, estimates, imagery, third-party data or message delivery.

11. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business or lost data, arising out of or relating to the Service, even if advised of the possibility. OMEGABYTE's total aggregate liability arising out of or relating to these terms will not exceed the amounts you paid us for the Service in the twelve months before the event giving rise to the claim. These limits do not apply to your payment obligations or to liability that cannot be limited by law.

12. Indemnity

You will defend and indemnify OMEGABYTE against third-party claims arising from your use of the Service in breach of these terms, from your price book or the prices you present, from your contact and messaging practices, or from work you perform or fail to perform on any property.

13. Suspension and termination

We may suspend or terminate an account for non-payment, for a breach of section 6, or where continued use would expose us or a provider to legal risk — with notice and an opportunity to cure where circumstances allow. You may terminate at any time in the portal. On termination, your right to use the Service ends, your export window runs for 30 days, and we delete data on the retention schedule in the privacy policy.

14. Changes to these terms

We may update these terms; we will post the new effective date and notify account holders of material changes by email before they take effect. Continuing to use the Service after that means you accept the change.

15. Governing law and disputes

These terms are governed by the laws of the State of Texas without regard to conflict-of-law rules. The exclusive venue for any dispute is the state or federal courts located in Williamson County or Travis County, Texas, and each party consents to that jurisdiction. Each party waives any right to a jury trial and to participate in a class action. Before filing, the parties will attempt to resolve the dispute in good faith for 30 days after written notice.

16. General

These terms, the privacy policy, and any order form or written agreement referencing them are the entire agreement between the parties. If a provision is unenforceable, the rest stands. A failure to enforce a provision is not a waiver of it. You may not assign these terms without our consent; we may assign them to a successor in interest. Neither party is liable for delays caused by events beyond its reasonable control.

17. Contact

OMEGABYTE TECHNOLOGIES, INC · Austin, Texas · [email protected]