Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Best ROI Media LLC ("we," "our," or "us") governing your use of our Services, including Best Estimator, Catapult, and the bestroi.media website (collectively, the "Services").

By accessing or using any of our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" will refer to both you and the organization.

2. Description of Service

Our Services provide software-as-a-service (SaaS) tools designed for contractors and home services businesses. These tools include, but are not limited to:

• Estimation and quoting tools for construction and home services projects
• Costbook management and template systems
• Project scheduling and management capabilities
• Data synchronization across multiple devices (e.g., iPad and web)
• AI-powered suggestions and insights
• Team collaboration and user management features

The Services are provided on a subscription basis and are accessible via web browsers and mobile applications. While we strive to provide reliable and uninterrupted service, we do not guarantee that the Services will be available at all times or free from errors, interruptions, or downtime. We may perform scheduled maintenance, updates, or modifications that may temporarily affect service availability.

3. Accounts and Security

To access and use our Services, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information about yourself and your organization as prompted by the registration process
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Maintain the security and confidentiality of your account credentials, including your password
• Accept responsibility for all activities that occur under your account, whether authorized by you or not
• Notify us immediately at support@bestroi.media if you suspect any unauthorized access to or use of your account

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to comply with these security obligations. You agree to use a strong, unique password and to not share your account credentials with any third party.

4. Subscriptions and Billing

Our Services are provided on a subscription basis. By subscribing to our Services, you agree to the following billing terms:

• Payment Processing: All payments are processed securely through Stripe. You agree to provide valid payment information and authorize us to charge your payment method for all subscription fees.
• Subscription Periods: Subscriptions are available on a monthly or yearly basis, as selected during signup. Your subscription will automatically renew at the end of each billing period unless you cancel your subscription before the renewal date.
• Per-Seat Billing: Additional user seats beyond your base subscription are billed per active user. You will be charged for each additional seat added to your account. Charges for additional seats are prorated for the current billing period and will be included in your next billing cycle.
• No Refunds: Subscription fees are non-refundable. We do not provide refunds or credits for partial subscription periods, unused portions of your subscription, or if you choose to cancel your subscription mid-period. Your access to the Services will continue until the end of your current billing period.
• Price Changes: We reserve the right to modify subscription prices at any time. Price changes will not affect your current subscription period but will apply to subsequent renewal periods. We will provide reasonable notice of any price changes.
• Currency: All subscription fees and charges are displayed and charged in United States Dollars (USD) unless otherwise specified.
• Failed Payments: If payment fails or is declined, we may suspend or terminate your access to the Services until payment is successfully processed. You are responsible for ensuring that your payment method remains valid and has sufficient funds.

5. Use of the Service

You agree to use our Services only for lawful purposes and in accordance with these Terms. You may use the Services to:

• Operate your contractor or home services business
• Create, manage, and store estimates, costbooks, and project data
• Collaborate with team members within your organization
• Access and use the Services on authorized devices

You agree NOT to:

• Use the Services for any illegal purpose or in violation of any applicable laws or regulations
• Engage in any activity that interferes with or disrupts the Services, servers, or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks
• Scrape, crawl, or use automated systems to extract data from the Services without our express written permission
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services
• Resell, sublicense, or otherwise make the Services available to third parties without our authorization
• Bypass or attempt to bypass any security measures, authentication systems, or access controls
• Upload, transmit, or store any content that contains viruses, malware, or other harmful code
• Use the Services in any manner that could damage, disable, overburden, or impair our servers or networks

Violation of any of these restrictions may result in immediate suspension or termination of your account and access to the Services, without refund.

6. Content and Data Ownership

You retain all ownership rights to the content and data you create, upload, or store using our Services, including but not limited to:

• Costbooks and costbook templates
• Estimates, quotes, and project data
• Company settings and configurations
• Job data, customer information, and project notes
• Any other content or data you upload or create within the Services

By using our Services, you grant us a limited, non-exclusive, royalty-free license to use, store, process, and transmit your content and data solely for the purpose of:

• Providing, maintaining, and improving the Services
• Enabling data synchronization across your devices
• Backing up and securing your data
• Complying with legal obligations

This license terminates when you delete your content or account, except to the extent that we need to retain copies for legal or operational purposes. You represent and warrant that you have all necessary rights to grant us this license and that your content does not infringe upon the rights of any third party.

7. Service Modifications

We reserve the right to modify, update, or discontinue any aspect of the Services at any time, with or without notice. This includes, but is not limited to:

• Adding new features or functionality
• Removing or deprecating existing features
• Modifying the user interface or user experience
• Imposing usage limits, storage limits, or other restrictions
• Changing pricing or subscription plans
• Discontinuing certain services or features

While we will make reasonable efforts to provide advance notice of material changes that may adversely affect your use of the Services, we are not obligated to do so. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services or any part thereof. Your continued use of the Services after any modifications constitutes your acceptance of the modified Services.

8. Termination

Termination by You: You may terminate your account and subscription at any time by contacting us at support@bestroi.media or through your account settings. Upon termination, your access to the Services will continue until the end of your current billing period. After the billing period ends, your account will be deactivated, and you will no longer have access to the Services or your data, subject to our data retention policies.

Termination by Us: We reserve the right to suspend or terminate your account and access to the Services immediately, without prior notice, for any of the following reasons:

• Non-payment of subscription fees or failure to resolve payment issues after notice
• Violation of these Terms of Service
• Fraudulent, abusive, or illegal activity
• Misuse of the Services or interference with other users' access
• Any other conduct that we determine, in our sole discretion, is harmful to us, other users, or third parties

Upon termination, your right to use the Services will immediately cease. We may delete your account and data, subject to our data retention policies and legal obligations. We are not liable to you or any third party for any termination of your access to the Services.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Services will meet your specific requirements or expectations
• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Services will be accurate or reliable
• Any errors or defects in the Services will be corrected
• The Services are free from viruses, malware, or other harmful components

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEST ROI MEDIA LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Cost of substitute goods or services
• Business interruption or loss of goodwill
• Any other intangible losses

ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for all claims arising out of or relating to the use of or inability to use the Services shall not exceed the total amount of fees you paid to us in the three (3) months immediately preceding the event giving rise to the claim. This limitation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

11. Indemnification

You agree to indemnify, defend, and hold harmless Best ROI Media LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Services
• Your violation of these Terms of Service
• Your violation of any rights of another party, including intellectual property rights
• Any content or data you upload, transmit, or store using the Services
• Your negligence or willful misconduct

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in defending such claims. You agree not to settle any claim without our prior written consent.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Harris County, Texas, and you consent to the personal jurisdiction of such courts.

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@bestroi.media. We will try to resolve the dispute informally within 30 days. If we cannot resolve the dispute informally, you agree to resolve any disputes through binding arbitration, except as set forth below.

You and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Harris County, Texas. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

13. Changes to Terms

We reserve the right to modify or update these Terms at any time, in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. Material changes to these Terms will be communicated to you via email to the address associated with your account or through a prominent notice on our website.

Your continued use of the Services after any changes to these Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and may terminate your account. It is your responsibility to review these Terms periodically to stay informed of any updates.

14. Contact

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us: