Terms of Service
Last updated: 2026-05-25
These Terms of Service ("Terms") are a binding agreement between Instant Estimate ("we," "us," or "our") and the business or individual that registers for or uses our Services ("you" or "Contractor"). By creating an account, accessing, or using our website at https://instantestimatehq.com or our HVAC estimation services (collectively, the "Services"), you agree to these Terms. If you are agreeing on behalf of a company, you represent that you have authority to bind that company.
1. The Services
We provide software that lets HVAC contractors generate instant estimates for their own customers ("Homeowners"). We may add, change, or remove features over time. We may also suspend or discontinue any part of the Services, though we will give reasonable notice of material changes where practical.
2. Accounts
You must provide accurate information when you create an account and keep it up to date. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us promptly if you suspect unauthorized use. You must be at least 18 years old and able to form a binding contract to use the Services.
3. Subscriptions, fees, and payment
Plans and billing. The Services are offered on a monthly or annual subscription basis at the prices and on the plans described at sign-up or in your order. Fees are billed in advance through our payment processor (Stripe) and, unless otherwise stated, are non-refundable except as required by law.
Auto-renewal. Your subscription automatically renews at the end of each billing period (monthly or annual) at the then-current rate unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method on a recurring basis.
Cancellation. You may cancel at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period, and you will retain access until then. We do not provide prorated refunds for partial periods unless required by law.
Price changes. We may change our fees. We will give you advance notice of any price increase, and the new price will apply at your next renewal. If you don't agree, you may cancel before the increase takes effect.
Taxes. Fees are exclusive of taxes, and you are responsible for any applicable sales, use, or similar taxes.
4. Your content and data
You and your Homeowners may submit information and content through the Services ("Your Content"), such as estimate details and customer information. As between you and us, you retain ownership of Your Content. You grant us a limited license to host, process, and use Your Content solely to provide and improve the Services and as described in our Privacy Policy.
You are responsible for Your Content and for ensuring you have the rights and any necessary consents to submit it — including, where you collect Homeowner information, providing your own customers with appropriate notice and complying with applicable privacy laws.
5. Acceptable use
You agree not to:
- use the Services for any unlawful, fraudulent, or deceptive purpose, including generating misleading estimates;
- access or use the Services to build a competing product, or reverse engineer, copy, or resell any part of the Services;
- upload malware or attempt to disrupt, overload, or gain unauthorized access to the Services;
- infringe the intellectual property or privacy rights of others; or
- use the Services to send unsolicited or unlawful communications.
We may suspend or terminate access for violations of this section.
6. Third-party services
The Services may integrate with third-party services (for example, a CRM via our Lead Connector integration, or payment processing through Stripe). Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them.
7. Intellectual property
We and our licensors own all rights in the Services, including the software, design, and trademarks. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your subscription, subject to these Terms. We welcome feedback, and you grant us the right to use any feedback you provide without restriction.
8. Relationship with Homeowners
You are an independent business and are solely responsible for your relationships and dealings with your Homeowners, including the accuracy of your estimates, the services you provide, and your compliance with applicable laws. We are not a party to any agreement between you and a Homeowner and are not responsible for the work you perform.
9. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, error-free, or that any estimate generated will be accurate or sufficient for your purposes. You are responsible for reviewing and standing behind the estimates you provide to Homeowners.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
11. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the Services, Your Content, your dealings with Homeowners, or your violation of these Terms or applicable law.
12. Term and termination
These Terms apply for as long as you use the Services. You may stop using the Services and cancel at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Services or other users. On termination, your right to use the Services ends, and we may delete Your Content after a reasonable period in accordance with our Privacy Policy. Sections that by their nature should survive termination (including Sections 7, 9, 10, 11, 13, and 14) will survive.
13. Dispute resolution; arbitration and class-action waiver
Informal resolution first. Before filing a claim, you agree to contact us at hello@instantestimatehq.com and try to resolve the dispute informally for at least 30 days.
Binding arbitration. Except for the carve-outs below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by [the American Arbitration Association (AAA)] under its applicable rules, rather than in court. The arbitration will be conducted in [location] or, at your election, by video or telephone. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Class-action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of class proceeding.
Carve-outs. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court to protect intellectual property or to stop unauthorized use of the Services.
Your right to opt out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to hello@instantestimatehq.com with your name, account email, and a statement that you opt out of arbitration. If you opt out, disputes will be resolved in the courts identified in Section 14. Opting out does not affect any other part of these Terms.
14. Governing law and venue
These Terms are governed by the laws of the State of [State], without regard to its conflict-of-laws rules. For any dispute not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts located in [County, State].
15. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will revise the "Last updated" date and provide reasonable notice (for example, by email or in-app notice). Your continued use of the Services after the changes take effect constitutes acceptance of the updated Terms.
16. General
These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Services. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
17. Contact
Questions about these Terms? Contact us at hello@instantestimatehq.com.