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Terms of Service

FENCEQUOTER

Effective Date: September 4, 2026

1. Acceptance of These Terms

These Terms of Service (“Terms”) are a binding agreement between you (“Contractor,” “you,” or “your”) and FenceQuoter LLC, a Minnesota limited liability company, doing business as FenceQuoter (“FenceQuoter,” “we,” “us,” or “our”).

By creating an account, completing onboarding, clicking to accept these Terms, or otherwise accessing or using the FenceQuoter platform (the “Service”), you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

You represent that you are at least 18 years old, that you are using the Service for business (not personal, family, or household) purposes, and that you have authority to bind the business on whose behalf you are accepting these Terms. We rely on that representation in offering the Service to you and in pricing it.

2. Description of the Service

FenceQuoter provides a hosted, multi-tenant software platform for fencing contractors consisting of:

An embeddable estimation widget that you install on your own website, or a hosted estimate page we make available for your business at a FenceQuoter URL, which generates preliminary fence estimates for your prospective customers using satellite imagery, customer-drawn fence lines, automated image analysis, and the pricing data you configure.

A contractor dashboard for configuring pricing, service area, availability, and for viewing leads and bookings generated through the widget.

Lead and booking notifications delivered by email and, where enabled, SMS.

FenceQuoter is a software tool only. FenceQuoter does not perform fencing work, does not visit or inspect properties, does not verify property boundaries or measurements, and is not a party to any agreement between you and your customers.

3. Eligibility and Your Account

You are responsible for the accuracy of the information you provide during onboarding, including your business name, service area, and pricing rates, and for keeping it current. Pricing rates you configure directly determine the estimates shown to your prospective customers; you are solely responsible for reviewing and maintaining them.

You are responsible for safeguarding your account credentials and for all activity occurring under your account. Notify us promptly at support@fencequoter.app if you suspect unauthorized access. One account may be used by one business only. You may not share an account with, or resell access to, another contracting business.

4. License to Use the Service; Widget Embedding

Subject to your compliance with these Terms and payment of applicable fees, FenceQuoter grants you a limited, non-exclusive, non-transferable, revocable license during your subscription term to: (a) access and use the contractor dashboard; (b) access and use any hosted estimate page we assign to your business; and (c) embed and display the FenceQuoter widget on web properties you own or control, solely to generate estimates for your own prospective customers.

You may not sublicense, resell, rent, white-label, or make the Service available to any third party, or embed the widget on any domain not registered to your account, without our prior written consent. We may restrict widget loading to the domain(s) you register with us.

This license terminates automatically when your subscription ends. You agree to remove the widget embed code from your website upon termination.

5. Acceptable Use

You agree not to:

Use the Service other than for legitimate marketing, quoting, and scheduling of fencing work (or other home-services work where later enabled by us).

Circumvent or attempt to circumvent rate limits, usage metering, authentication, or per-tenant access controls.

Submit content you lack the right to use, or content that is unlawful, deceptive, or misleading to consumers.

Reverse-engineer, decompile, scrape, or attempt to derive the source code or underlying models of the Service.

Use the Service to generate estimates for properties or prospects unrelated to a genuine sales opportunity, including for testing at volumes that materially exceed ordinary business use.

Place any call or send any text message or email to a prospective customer whose information you obtained through the Service without the consent required by applicable telemarketing, do-not-call, and anti-spam laws.

Use the Service in violation of applicable law, including consumer protection, privacy, and telemarketing laws governing your own communications with your customers.

We may suspend access immediately, without prior notice, for conduct that we reasonably believe threatens the security, integrity, availability, or cost structure of the Service.

6. Subscription, Billing, and Auto-Renewal

6.1 Subscription Fee

The Service is offered on a flat subscription of $199.00 per month per account (the “Subscription Fee”), billed in advance for each monthly billing period to the payment method you provide, and continuing until canceled as described in Section 6.4. All fees are in U.S. dollars and are exclusive of any applicable taxes, which are your responsibility. Where we are required to collect sales or use tax on the Service, we will add it to your invoice.

6.2 Authorization for Recurring Charges

BY PROVIDING A PAYMENT METHOD AND COMPLETING SIGNUP, YOU EXPRESSLY AUTHORIZE FENCEQUOTER (AND ITS PAYMENT PROCESSOR) TO CHARGE THAT PAYMENT METHOD THE SUBSCRIPTION FEE, PLUS ANY APPLICABLE OVERAGE CHARGES UNDER SECTION 7, ON AN AUTOMATICALLY RECURRING MONTHLY BASIS, WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU CANCEL. THE AMOUNT OF THE CHARGE, THE MONTHLY BILLING FREQUENCY, THE DATE OF THE FIRST CHARGE, AND HOW TO CANCEL ARE ALSO DISCLOSED TO YOU IN THE SIGNUP FLOW, IMMEDIATELY ABOVE THE BUTTON BY WHICH YOU AUTHORIZE THE CHARGE.

6.3 Renewal Date and Billing Period

Your billing period begins when your free trial ends (see Section 7.1) and renews monthly on that same calendar anchor date. Because trials begin on the date of signup, your renewal date will not necessarily align with the start of a calendar month.

6.4 Cancellation

You may cancel your subscription at any time, effective at the end of your then-current billing period. Cancellation is available through the same online medium in which you subscribed, at no less ease than signup, via the billing area of your contractor dashboard. You may alternatively cancel by emailing support@fencequoter.app; we will process such requests within two (2) business days of receipt. A cancellation request takes effect when we receive it. No Subscription Fee or overage charge will be billed to you for any period beginning after we receive your cancellation request, regardless of when we process it. We will send you email confirmation of a cancellation within one (1) business day.

Except where required by law, fees already paid are non-refundable and we do not prorate partial billing periods. You will retain access through the end of the period you have paid for.

6.5 Failed Payments

If a charge fails, we may retry it and may suspend your access until payment succeeds. Continued non-payment may result in termination under Section 17. Suspension does not relieve you of fees accrued before suspension.

6.6 Advance Notice of Charges

We will send a reminder to your account email at least three (3) days before the first charge following the end of your free trial. That reminder will state the amount of the charge, the date it will be made, the payment method that will be charged, and how to cancel before the charge is made. We will also give you at least thirty (30) days' advance email notice before any increase in the Subscription Fee, any reduction in your included usage volume, and any first application of overage billing to your account.

7. Free Trial and Usage-Based Overage Billing

7.1 Free Trial

New accounts receive a 14-day free trial beginning on the date signup is completed. Your payment method is collected and validated at signup but is not charged during the trial. A temporary authorization may be placed on the payment method to validate it and is released.

IF YOU DO NOT CANCEL BEFORE THE 14-DAY TRIAL ENDS, YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED THE FULL $199.00 SUBSCRIPTION FEE ON THE DAY THE TRIAL ENDS, AND WILL CONTINUE TO BE CHARGED MONTHLY THEREAFTER UNTIL YOU CANCEL. You may cancel at any point during the trial at no charge, through the billing area of your dashboard or by emailing support@fencequoter.app.

7.2 Included Usage

Each billing period includes a set volume of estimate generations, as published in your account's pricing details and in your dashboard. The included volume and the per-unit overage rate in effect for your account are stated in the Pricing Schedule posted at https://fencequoter.app/pricing-schedule and shown in your dashboard. The Pricing Schedule in effect when you subscribe, and as it may later be changed under Sections 6.6 and 16, is part of this agreement. We will not change your included volume or your overage rate except in accordance with those Sections.

7.3 Overage Charges

Overage billing does not apply to your account unless you affirmatively enable it in your dashboard. Before you can enable it, we will show you the per-unit overage rate and the maximum total overage amount that may be charged to you in a billing period. If you do not enable overage billing, estimate generations pause once your included volume is used, until the volume resets or you upgrade your plan, and no additional charge is made. If you do enable overage billing, additional estimate generations are billed to your payment method on file at the per-unit rate then in effect for your account, as a separate line item on your invoice, and total overage charges in any billing period will not exceed the cap shown to you when you enabled it. Overage charges appear on the invoice for the period in which they were incurred.

We will display in-dashboard notice as you approach your included volume, and clear notice once overage billing has begun for a given period, including the applicable per-unit rate and the date your included volume resets. We will also email you, before an overage charge is made, stating the amount to be charged and the date of the charge.

7.4 Status of Overage Billing

As of the effective date of these Terms, usage-based overage billing is not active and no per-unit overage rate has been published. This Section 7 describes the mechanism that will apply if and when overage billing is activated and a rate is published.

If you subscribed on a flat-rate plan, no overage charge will be applied to your account at any time unless you affirmatively enable overage billing under Section 7.3. Notice from us, and your continued use of the Service after that notice, will not be treated as your consent to overage billing.

8. Electronic Communications and SMS Notifications

You consent to receive communications from us electronically, including service, billing, and legal notices sent to your account email address, and agree that these satisfy any legal requirement that such communications be in writing.

If you enable SMS notifications, you consent to receive automated text messages from FenceQuoter at the mobile number you provide, relating to leads, bookings, and account status. Consent to receive text messages is not a condition of purchasing the Service. Message frequency varies with the number of leads your account receives. Message and data rates may apply. Reply HELP for help. Reply STOP to stop. You may also opt out at any time by disabling SMS notifications in your dashboard or by any other reasonable means. Opting out of SMS does not cancel your subscription and does not stop transactional email. Carriers are not liable for delayed or undelivered messages.

You represent that you are the subscriber to, or the customary user of, the mobile number you provide, that it is a business number under your control, and that you will promptly update it in your dashboard if it changes or is reassigned.

9. Leads, Customer Data, and Privacy

Through the Service you will receive personal information about your prospective customers, names, contact details, property addresses, uploaded photographs, and project details (“Lead Data”).

As between you and FenceQuoter, each party is an independent controller of Lead Data and determines the purposes and means of its own processing. We collect Lead Data through the Service, use it to operate, secure, and improve the Service, and deliver it to you. You decide how you use Lead Data after you receive it. Neither party acts as the other's processor or service provider, and neither party is responsible for the other's compliance with privacy law. You are solely responsible for your own use of Lead Data after receipt, including all communications you send to those individuals and your compliance with applicable privacy, marketing, and telemarketing laws.

You will maintain and make available your own privacy notice covering your use of Lead Data. You are solely responsible for obtaining any consent required before you call, text, or email a prospective customer, including consent and do-not-call scrubbing required under federal and state telemarketing law. The fact that a prospective customer submitted a phone number through the Widget is not, by itself, consent to receive marketing calls or texts from you.

Our collection and handling of Lead Data and of your account information is described in our Privacy Policy.

10. Third-Party Services

The Service depends on third-party providers, including mapping and satellite imagery, automated image analysis, payment processing, SMS delivery, database hosting, and application hosting. Your use of the Service, and Lead Data processed through it, is subject to those providers' own terms and availability. We are not responsible for third-party outages, changes, or discontinuations, though we will use commercially reasonable efforts to maintain equivalent functionality.

11. Intellectual Property; Feedback

FenceQuoter and its licensors retain all right, title, and interest in the Service, including the widget, dashboard, underlying software, models, and the FenceQuoter name and branding. No rights are granted except the limited license in Section 4.

You retain ownership of the business content you provide (business name, logo, pricing data, service-area configuration). You grant FenceQuoter a non-exclusive license to host, display, and process that content as necessary to operate the Service and to display your branding within your own widget instance.

If you send us suggestions or feedback, you grant us an unrestricted, royalty-free right to use it without obligation to you.

12. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT ANY LEAD WILL RESULT IN BUSINESS, OR THAT NOTIFICATIONS WILL BE DELIVERED WITHOUT DELAY OR FAILURE. SMS AND EMAIL DELIVERY DEPEND ON CARRIERS AND PROVIDERS OUTSIDE OUR CONTROL.

13. Estimate Accuracy and Your Responsibility

Estimates generated by the Service are automated approximations produced from satellite imagery, customer-supplied inputs, automated image analysis, and the rates you configure. They may be inaccurate or incomplete. They do not account for site conditions, terrain, access, permitting, utility locates, soil, property-line accuracy, or any factor not visible in imagery.

ESTIMATES ARE NOT BINDING QUOTES AND DO NOT CONSTITUTE AN OFFER BY YOU OR BY FENCEQUOTER. You are solely responsible for confirming final pricing and scope directly with your customer before entering into any agreement with them, and for any representation you make to your customer regarding price. You are responsible for the rates you configure and for reviewing estimates the Service produces on your behalf. You will present any estimate generated by the Service to your customer as a preliminary, non-binding estimate, and will not represent it as a final price, a binding quote, or a quote issued by FenceQuoter.

FenceQuoter is not liable for any difference between an automated estimate and the actual cost, scope, or feasibility of a project, or for any commitment you make to a customer in reliance on an estimate.

14. Indemnification

You agree to indemnify, defend, and hold harmless FenceQuoter and its members, officers, and agents from any third-party claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) any agreement, dispute, or communication between you and your customers, including any claim about pricing, scope, or work performed; (c) your use of Lead Data; (d) your breach of these Terms; or (e) your violation of applicable law, including telemarketing, do-not-call, anti-spam, and privacy law.

We will give you prompt written notice of any claim for which we seek indemnification, and you may control the defense with counsel reasonably acceptable to us. You may not settle any claim in a way that imposes any payment, liability, admission of fault, or ongoing obligation on FenceQuoter without our prior written consent. We may participate in the defense at our own expense. Your obligations under this Section do not apply to the extent a claim arises from FenceQuoter's own gross negligence or willful misconduct. This Section survives termination.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, 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 OF SUCH DAMAGES.

FENCEQUOTER'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO FENCEQUOTER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500).

THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO: (A) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 14; (B) YOUR OBLIGATION TO PAY FEES ACCRUED UNDER SECTION 6 OR SECTION 7; (C) EITHER PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; OR (D) ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. EACH PARTY AGREES THAT THESE LIMITATIONS ARE A BARGAINED-FOR ALLOCATION OF RISK THAT IS REFLECTED IN THE SUBSCRIPTION FEE, AND THAT THEY APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16. Changes to These Terms and to Pricing

We may modify these Terms, the Subscription Fee, the included usage volume, or the overage rate. For material changes adversely affecting existing subscribers, including any price increase, reduction in included volume, or introduction of overage billing, we will provide at least thirty (30) days' advance notice by email to your account address and by in-dashboard notice, and the change will take effect no earlier than your next billing period following that notice.

If you do not agree to a material change, your remedy is to cancel before it takes effect. Continued use after the effective date constitutes acceptance. Continued use is not acceptance of overage billing, which requires the affirmative step described in Section 7.3.

Non-material changes (clarifications, typographical corrections, updates to contact details) may take effect upon posting.

17. Term and Termination

These Terms apply for as long as you maintain an account. You may terminate by canceling under Section 6.4.

We may suspend or terminate your account: (a) for material breach of these Terms; (b) for non-payment; (c) if required by law or by a third-party provider; or (d) on thirty (30) days' notice if we discontinue the Service, in which case we will refund any prepaid, unused portion of your Subscription Fee.

On termination, your license under Section 4 ends and you must remove the widget from your websites. We may delete your account data after a reasonable retention period; on your written request made before termination, or within thirty (30) days after it, we will provide you a copy of your Lead Data in a common machine-readable format.

Sections 6, 7, 9, 11, 12, 13, 14, 15, 18, and 19 survive termination, along with any payment obligations accrued before termination.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of Minnesota, without regard to conflict-of-laws principles. Subject to the paragraph below, the state and federal courts located in Minnesota have exclusive jurisdiction, and both parties consent to venue there.

18.1 Informal Resolution.

Before starting an arbitration or a court proceeding, the complaining party will send the other written notice describing the dispute and the relief sought, and the parties will attempt in good faith to resolve it for thirty (30) days.

18.2 Arbitration.

Any dispute arising out of or relating to these Terms or the Service that is not resolved under Section 18.1 will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Hennepin County, Minnesota or conducted by videoconference at the electing party's option. The Federal Arbitration Act governs this Section. Judgment on the award may be entered in any court of competent jurisdiction.

18.3 Class Action Waiver.

Each party may bring claims only on its own behalf. Neither party may bring or participate in any class, collective, consolidated, or representative proceeding, and the arbitrator may not consolidate the claims of more than one party or preside over any class or representative proceeding. If this waiver is held unenforceable as to a particular claim, that claim, and only that claim, will proceed in court, and the rest of this Section still applies.

18.4 Exceptions.

Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect its intellectual property or confidential information, without first proceeding under Sections 18.1 through 18.3.

18.5 Coordinated Filings.

If twenty-five (25) or more substantially similar arbitration demands are filed against FenceQuoter by or with the assistance of the same counsel within a sixty (60) day period, the demands will be resolved in batches of no more than fifty (50), each batch before a single arbitrator, and the parties will cooperate in good faith on sequencing.

18.6 Opt-Out.

You may opt out of Sections 18.2 through 18.5 by emailing support@fencequoter.app within thirty (30) days after you first accept these Terms, stating your account name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

19. General

Entire agreement. These Terms and the Privacy Policy are the entire agreement between the parties regarding the Service and supersede prior discussions.

Severability. If a provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the remainder stays in effect.

No waiver. Failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control. This does not excuse any payment obligation.

Independent contractors. Nothing here creates a partnership, joint venture, employment, or agency relationship. You are not authorized to make any representation or commitment on our behalf.

No third-party beneficiaries. These Terms create no right or remedy in any person who is not a party to them, including your customers.

Notices. Notices to you go to your account email. Notices to us go to support@fencequoter.app.

20. Contact

Questions about these Terms: support@fencequoter.app.