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Nestimate Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE.

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These Terms and Conditions ("Terms") govern your use of the Nestimate software platform and any related services (collectively, the "Service") provided by Ultimate Dimension Ltd, a company registered in England and Wales with company number 14303095 ("we", "us", "our", "Nestimate").

 

By creating an account, accessing, or using the Service, you or the entity you represent ("you", "your", "User") agree to be legally bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

 

1. Definitions

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  • "Estimate": An automated cost estimation or proposal generated by the Service based on User Content.

  • "User Content": Any and all data you upload, submit, or otherwise provide to the Service, including but not limited to architectural drawings, tender documents, site walkthrough videos or notes, photographs, measurements, and specifications.

  • "Anonymised Data": Data derived from User Content from which all personal data and commercially sensitive identifiers have been permanently removed, making it impossible to identify the original source or any individual.

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2. The Service

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Nestimate is an AI-powered platform designed to automate the creation of trade estimates. The Service uses computer vision, large language models, and other technologies to process User Content and generate Estimates.

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You acknowledge that the Service is a tool to assist with estimation and is not a substitute for professional judgment.

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3. User Accounts

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To use the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process. You are responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account.

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4. User Content and Data License

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  • 4.1. Ownership: You retain all ownership rights to your original User Content. We do not claim any ownership over your architectural drawings, client lists, or other proprietary files.

  • 4.2. License to Nestimate: To enable us to operate and improve the Service, you grant Nestimate a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, and sub-licensable license to access, store, process, copy, modify, and otherwise use your User Content for the following limited purposes:

    • (a) Providing the Service: To perform the actions necessary to generate Estimates from your User Content, display that content within your account, and provide you with customer support.

    • (b) Service Improvement: For our internal purposes to develop, train, and improve our AI models, algorithms, and the overall functionality of the Service.

  • 4.3. Anonymised Data for Service Improvement: For the purpose of Service Improvement as described in clause 4.2(b), you agree and acknowledge that we will create Anonymised Data derived from your User Content. We will take commercially reasonable steps to ensure this data is fully anonymised and cannot be linked back to you or your clients. You agree that Ultimate Dimension Ltd shall exclusively own all rights, title, and interest in and to all Anonymised Data, and we may use it for any commercial or non-commercial purpose, including but not limited to improving the Service and developing new products.

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5. Privacy and Personal Data

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Our collection and use of personal data in connection with your access to and use of the Service is described in our Privacy Policy. You acknowledge that you have read our Privacy Policy and understand that it governs how we handle any personal data you provide, including data that may be incidentally included in your User Content (e.g., a client's name or address on a drawing).

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Our Privacy Policy is available here.

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All User Content and data is stored on secure Google Cloud Platform servers located within the United Kingdom.

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6. Fees, Payment, and Subscriptions

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  • 6.1. Subscription Fees: The Service is provided on a subscription basis. Fees are billed in advance on a recurring monthly cycle ("Billing Cycle").

  • 6.2. Automatic Renewal: At the end of each Billing Cycle, your subscription will automatically renew under the same conditions unless you cancel it or we terminate it.

  • 6.3. Payment: A valid payment method is required to process the payment for your subscription. You authorise us to charge your payment method for all applicable subscription fees.

  • 6.4. Non-Payment: If we are unable to process your payment, we reserve the right to suspend your access to the Service immediately. If the payment failure is not rectified within a reasonable period, we may terminate your account.

  • 6.5. Price Changes: We may change the subscription fees for the Service from time to time. Any change in subscription fees will take effect from the start of your next Billing Cycle after the change is implemented. We will give you at least 30 days’ prior notice of any increase in subscription fees by email and/or by displaying a notice within the Service. If you do not wish to accept the new subscription fees, you may cancel your subscription before the end of the then-current Billing Cycle in accordance with clause 7.1. By continuing to use the Service after the fee change takes effect, you agree to pay the updated subscription fees.

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7. Cancellation and Termination

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  • 7.1. Cancellation by You: You may cancel your subscription at any time through your account settings. The cancellation will take effect at the end of your current Billing Cycle. You will not receive a refund or credit for any partial month of service.

  • 7.2. Termination by Us:

    • (a) For Cause: We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, and without refund, if you breach these Terms, engage in any illegal activity, or misuse the Service in any way.

    • (b) Without Cause: We reserve the right to terminate your subscription for any reason at our sole discretion. In such an event, we will provide you with reasonable notice and issue a pro-rata refund for any unused portion of your pre-paid subscription fee.

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8. Refund Policy

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All fees paid are non-refundable, except as expressly stated in these Terms (see clause 7.2(b)) or as required by law. We do not provide refunds or credits for any partial subscription periods, dissatisfaction with the Service, or if you choose to stop using the Service.

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You acknowledge that our 14-day free trial period, during which you receive 5 free estimates, provides you with ample opportunity to evaluate the Service to your satisfaction before committing to a paid subscription. This clause does not affect your statutory rights. Where the Service is proven not to be of satisfactory quality, not fit for purpose, or not as described, a remedy may be available under UK law. The burden of proof for such a claim rests with you.

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9. !! IMPORTANT: Disclaimer of Accuracy and Warranties

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  • 9.1. Estimates are for guidance only. The service and any estimates it produces are provided on an "as is" and "as available" basis. Nestimate makes no warranty, express or implied, regarding the accuracy, completeness, reliability, or suitability of the estimates.

  • 9.2. Your responsibility. You are a trade professional. You are solely and entirely responsible for independently reviewing, verifying, and validating all aspects of any draft estimate before it is used, sent to a client, or relied upon in any way. This includes, but is not limited to, checking all quantities, material specifications, labour costs, and legal compliance.

  • 9.3. No guarantee. We do not guarantee that the estimates will be error-free or that reliance on an estimate will result in a profitable or successful project. You use the service and rely on its output entirely at your own risk.

 

10. !! IMPORTANT: Limitation of Liability

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To the maximum extent permitted by applicable law, in no event shall Ultimate Dimension Ltd, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, loss of business, loss of data, business interruption, or cost of procurement of substitute goods or services, arising out of or in connection with your use of, or inability to use, the service or your reliance on any estimate, whether based on warranty, contract, tort (including negligence), or any other legal theory.

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Our total aggregate liability to you for any and all claims arising out of or in connection with these terms or your use of the service shall in no event exceed the greater of:

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  1. The total fees paid by you to us for the service during the twelve (12) month period immediately preceding the event giving rise to the claim, or

  2. Fifty pounds sterling (£50.00).

 

11. Intellectual Property

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The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Ultimate Dimension Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of the United Kingdom. Our trademarks may not be used in connection with any product or service without our prior written consent. You are granted a limited, non-exclusive, revocable, non-transferable license to access and use the Service strictly in accordance with these Terms.

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12. Acceptable Use

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You agree not to use the Service:

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  • For any unlawful purpose or to promote illegal activities.

  • To attempt to reverse engineer, decompile, or otherwise discover the source code of the Service.

  • To upload or transmit any file that contains viruses, malware, or any other malicious computer code.

  • To infringe on the intellectual property rights of others.

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13. International Use

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The Service is designed for and targeted at users in the United Kingdom. While it may be accessible from other jurisdictions, we make no representation that the Service is appropriate or available for use in other locations. If you access the Service from outside the United Kingdom, you do so at your own risk and are solely responsible for compliance with all applicable local laws.

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14. Changes to Terms

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We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

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15. Governing Law and Jurisdiction

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These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

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You agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any legal matter arising from these Terms.

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16. General Provisions

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  • Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

  • No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

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17. Contact Us

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If you have any questions about these Terms, please contact us at: contact@nestimate.ai

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