Terms & Conditions

These Terms & Conditions (the "Terms") govern your use of the d7estimator.com website (the "Site"), the Division 7 Estimating software platform (the "Platform"), and our takeoff, estimating, and proposal services (the "Estimating Services") — together, the "Services." By using the Services, you agree to these Terms. If you use the Services on behalf of a company, you represent that you have authority to bind that company, and "you" refers to that company.

1. Accounts & subscriptions

Platform access is provided per company workspace under a subscription. You are responsible for maintaining the confidentiality of login credentials, for the acts of users in your workspace, and for assigning appropriate roles. Notify us promptly of any unauthorized use. Accounts are for your internal business use and may not be resold or shared outside your organization.

2. Fees & payment

Platform pricing consists of a one-time setup and onboarding fee plus a recurring monthly subscription based on access level and number of users, as quoted to you in writing. Estimating Services are quoted per engagement (takeoffs starting at $150; final quotes depend on plan set size, scope, and turnaround). Quotes are confirmed before work begins or access is provisioned. Fees are invoiced and payable as agreed in the applicable quote or order; late amounts may result in suspension of access after notice. Except as required by law or expressly stated, fees are non-refundable.

3. Your content & our IP

Your content. You retain all rights to the plans, rates, estimates, proposals, documents, and other material you submit to the Services ("Customer Content"). You grant us a limited license to host, process, and display Customer Content solely to provide the Services. You are responsible for having the rights to the content you submit (including plan sets and specifications).

Our IP. The Platform, including its estimating engines, worksheets, templates, designs, and documentation, is owned by Division 7 Estimating and its licensors and is protected by intellectual-property laws. No rights are granted except the limited right to use the Services under these Terms. You may not copy, reverse-engineer, scrape, or build competing estimating worksheets from the Platform's logic.

Deliverables. Takeoffs, estimates, and proposals we prepare for you under Estimating Services become yours upon payment, except for our underlying methods, templates, and know-how, which remain ours.

4. Estimates are professional tools — not guarantees

The Platform and Estimating Services produce quantity takeoffs, cost estimates, pricing, and related documents based on inputs — your rates, your assumptions, plan sets, and configuration. All outputs are decision-support tools for construction professionals. They are not a guarantee of quantities, costs, project outcomes, or profitability, and they are not architectural, engineering, or legal advice. You are solely responsible for reviewing and verifying every output — quantities, prices, scopes, inclusions, and exclusions — before submitting a bid, signing a contract, ordering material, or making any business decision. Field conditions, plan revisions, addenda, and market pricing can and do differ from any estimate.

5. AI features

The Services include artificial-intelligence features, including project-specific assistance, drafting tools, and (when released) an MCP (Model Context Protocol) connection allowing AI agents you control to interact with your workspace (collectively, "AI Features"). The following terms apply to AI Features in addition to everything else in these Terms:

• Probabilistic outputs. AI Features generate content using machine-learning models. Outputs may be inaccurate, incomplete, or inconsistent, and may not reflect current codes, specifications, manufacturer requirements, or site conditions. Outputs are provided "as is."
• Human review required. AI outputs are drafts. A qualified professional must review, verify, and approve any AI-generated content — including quantities, pricing, RFI language, proposal text, and summaries — before it is relied upon or sent to any third party. You are responsible for everything you send or submit, regardless of how it was drafted.
• Not professional advice. AI Features do not provide engineering, architectural, legal, or accounting advice.
• Third-party models. AI Features may be powered by third-party providers (such as Anthropic and OpenAI). Your Customer Content is processed by those providers only to fulfill your requests, and we do not permit them to use it to train publicly available models, as described in our Privacy Notice.
• Agents you connect. If you connect an external AI agent to your workspace through the MCP connection, you are responsible for that agent's actions in your workspace, for the permissions you grant it, and for your agreement with the agent's provider. We may suspend agent connections that degrade or endanger the Services.
• Usage limits. AI Features may be subject to fair-use limits, quotas, or plan-based availability, and may change or be discontinued as the technology evolves.

6. Estimating Services terms

• Scope by quote. Each engagement is defined by the written quote you approve (deliverables, price, turnaround, revision rounds). Work begins after approval.
• Your inputs. Deliverables are prepared from the plan sets, specifications, rates, and instructions you provide. Missing sheets, illegible plans, or rate changes after kickoff may change the quote or timeline.
• Rush turnaround. Rush options are quoted per engagement and depend on our current capacity; a rush quote is a commitment only once confirmed in writing.
• Review before use. Section 4 applies fully to Estimating Services deliverables: you must review and approve every deliverable before bidding or contracting on it. We are not a party to, and have no liability under, any bid or contract you submit.

7. Acceptable use

You agree not to: (a) use the Services unlawfully or to infringe others' rights; (b) probe, disable, or disrupt the Services or their security; (c) access the Services to build a competing product or benchmark for a competitor; (d) upload malicious code; (e) misrepresent AI-generated content as the certified work of a licensed professional; or (f) exceed the user counts or access levels of your subscription.

8. Third-party products & trademarks

Manufacturer and product names referenced in the Services (for example, in estimating worksheets) are trademarks of their respective owners, used solely to identify the systems our customers install. Division 7 Estimating is independent and is not affiliated with, endorsed by, or sponsored by any manufacturer. Product data (coverage rates, packaging) reflects manufacturer-published or customer-configured values that can change — always verify against the manufacturer's current data sheet.

9. Disclaimer of warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT ANY ESTIMATE, TAKEOFF, PRICE, OR AI OUTPUT IS ACCURATE OR COMPLETE, OR THAT USING THE SERVICES WILL RESULT IN WINNING BIDS OR PROFITABLE PROJECTS.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES (INCLUDING LOST BIDS OR CONTRACT DAMAGES ARISING FROM ANY ESTIMATE OR AI OUTPUT); AND (B) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF THE SERVICES SHALL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT (OR, FOR ESTIMATING SERVICES, THE FEES PAID FOR THE ENGAGEMENT AT ISSUE). THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME MAY NOT APPLY TO YOU.

11. Indemnification

You will defend and indemnify Division 7 Estimating against third-party claims arising from: (a) Customer Content you submit (including plan sets you were not authorized to share); (b) bids, contracts, or representations you make using outputs of the Services; (c) your violation of these Terms or applicable law; or (d) actions of AI agents you connect to your workspace.

12. Term & termination

Subscriptions run monthly and renew until cancelled as set out in your order. Either party may terminate for material breach uncured within 30 days of written notice. We may suspend access immediately for security risks, non-payment after notice, or violations of Section 7. Upon termination, your right to use the Platform ends; you may request an export of your Customer Content within 30 days, after which we may delete it per our retention schedule. Sections 3–11 and 13 survive termination.

13. General terms

• Changes. We may update these Terms; material changes will be posted with a new effective date, and continued use after the effective date constitutes acceptance.
• Governing law & disputes. These Terms are governed by the laws of the State of California, excluding conflict-of-law rules. The parties will first attempt good-faith informal resolution; unresolved disputes will be brought in the state or federal courts located in California, and each party consents to their jurisdiction.
• Assignment. You may not assign these Terms without our written consent, except to a successor in a merger or asset sale; we may assign to an affiliate or successor.
• Entire agreement. These Terms, your order or quote, and the Privacy Notice are the entire agreement and supersede prior discussions. If a provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
• Contact. Questions about these Terms: sales@d7estimator.com.