Terms of Service

These Terms of Service ("Terms") govern access to and use of the Tekdek application (the "Service") operated by TekDek Software, Inc.. By creating an account or otherwise using the Service, you agree to be bound by these Terms on behalf of yourself and the organization you represent.

Tekdek provides software for home-improvement contractors to build quotes and proposals, collect e-signatures, track production, manage invoices and material orders, and related functionality. The Service is provided on a subscription basis to business organizations ("Customer," "you") and their authorized team members.

You must be authorized to act on behalf of the business organization creating the account, and you are responsible for all activity under your account and for keeping login credentials secure. You must provide accurate account information and promptly update it as needed.

Use of paid features requires a subscription at the pricing and billing frequency presented at signup or otherwise agreed in writing. Fees are non-refundable except as required by law or as we otherwise state. We may change pricing prospectively with reasonable notice.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law;
• Upload content you do not have the right to use, or that infringes another's rights;
• Attempt to interfere with, disrupt, or gain unauthorized access to the Service or its data;
• Reverse engineer, resell, or white-label the Service without our written consent.

You are solely responsible for the accuracy of, and for obtaining all necessary consents related to, information you or your team enter about your own customers (including homeowner contact information, project photos, and e-signatures collected through proposals). You represent that you have the right to collect, store, and process that information through the Service, including any consent required to send homeowners email or SMS communications initiated through the Service.

The Service integrates with, or allows you to connect, third-party services (for example, financing partners, supplier/material-ordering integrations, mapping, and email/SMS delivery providers). Your use of those third-party services is subject to their own terms, and we are not responsible for the acts or omissions of independent third parties.

We retain all right, title, and interest in the Service, including its software, design, and underlying technology. You retain ownership of the content and data you submit to the Service ("Customer Data"), and you grant us a limited license to host, process, and display Customer Data solely to provide the Service to you.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, TEKDEK SOFTWARE, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to indemnify and hold TekDek Software, Inc. harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your Customer Data, or your violation of these Terms or applicable law.

Either party may terminate the subscription as set out in the applicable order form or billing terms. We may suspend or terminate access immediately for material breach of these Terms or to protect the Service or other users.

These Terms are governed by the laws of the United States of America, without regard to conflict-of-law principles.

We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

Questions about these Terms can be sent to support@tekdek.app.