Terms of Service

These Terms of Service (“Terms”) govern access to and use of AsphaltHQ, including its estimating, customer management, invoicing, job-management, communication, reporting, AI-assisted, and related features (the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms.

1. Eligibility, Business Use, and Accounts

AsphaltHQ is intended for contractors and other commercial users. By subscribing or creating an account, you represent that you are acquiring and using the Service primarily for business or commercial purposes and that you are legally able to enter into a binding agreement. You must provide accurate account information. You are responsible for safeguarding your login credentials and for activity occurring through your account. Company owners and administrators are responsible for the users they invite and the permissions they assign.

2. User Verification of Measurements, Calculations, and Documents

AsphaltHQ provides estimating, measurement, pricing, material-quantity, job-cost, scheduling, and AI-assisted tools based on information, formulas, settings, and values supplied or selected by the user. All results are estimates and may contain errors or omissions.

Before relying on, sending, signing, or performing work based on any AsphaltHQ output, you are responsible for independently reviewing and verifying all inputs, field measurements, square footage, quantities, calculations, material requirements, pricing, taxes, discounts, job costs, scope of work, customer notes, contract wording, and final documents. AsphaltHQ is not a substitute for professional judgment, field verification, or compliance with applicable laws, codes, permits, and industry requirements, and does not provide legal, accounting, engineering, surveying, or other licensed professional advice. The contractor is solely responsible for every estimate and contract the contractor provides to a customer. AsphaltHQ is not a party to any agreement between a contractor and the contractor’s customer.

To the fullest extent permitted by applicable law, AsphaltHQ is not responsible for losses, claims, rework, material shortages or overages, pricing errors, contract disputes, or other damages resulting from inaccurate or incomplete user inputs, user-configured formulas or defaults, unverified calculations, or the user’s failure to review generated output before using or sending it.

3. AI-Assisted Features

AI features may transcribe, interpret, summarize, classify, generate, or structure information you provide. AI output can be incomplete or incorrect and is subject to the verification responsibilities in Section 2. You are responsible for the final content you approve and use.

4. Customer and Company Data

You retain responsibility for the customer, company, job, estimate, invoice, photo, note, and other information you enter into the Service (“Customer Data”). You represent that you have the right to provide and use that data. You authorize AsphaltHQ to process Customer Data as necessary to operate, secure, support, and improve the Service, subject to the Privacy Policy.

5. Acceptable Use

You may not misuse the Service, attempt unauthorized access, interfere with security, use the Service to violate law or the rights of others, distribute malicious code, abuse third-party services, or use automated means to scrape or overload the Service. You may not copy, reproduce, sell, sublicense, reverse engineer, decompile, or create a competing product from the Service except to the limited extent such restriction is prohibited by applicable law.

6. AsphaltHQ Intellectual Property

AsphaltHQ and its software, interface, workflows, branding, documentation, system templates, and other original materials are owned by or licensed to AsphaltHQ and are protected by applicable intellectual-property laws. These Terms give you a limited, non-exclusive, non-transferable right to use the Service during your authorized subscription or trial; they do not transfer ownership of the Service.

7. Subscriptions, Trials, Renewal, and Billing

Paid features may require a subscription. Before purchase, AsphaltHQ will present the applicable price, billing interval, trial terms (if any), recurring nature of the subscription, and material plan limits. Unless otherwise stated at purchase, a subscription automatically renews for successive billing periods until canceled. You may cancel through the billing controls made available in the Service; cancellation stops future renewals but does not retroactively cancel charges already incurred, except where required by law. Any prospective price increase will be disclosed before it applies as required by applicable law. Payment processing may be provided by a third-party payment processor.

8. Third-Party Services

The Service may rely on third parties for hosting, authentication, payments, email, messaging, AI, analytics, maps, or other functionality. Their services may be subject to separate terms and may occasionally be unavailable. AsphaltHQ is not responsible for third-party products or services outside its reasonable control.

9. Availability, Changes, and Beta Features

We may modify, add, suspend, or discontinue features to maintain, improve, secure, or develop the Service. We do not guarantee uninterrupted or error-free operation. Preview, beta, experimental, or AI features may change and may be less reliable than generally available features.

10. Suspension, Cancellation, and Termination

You may stop using the Service at any time and may cancel a paid subscription through the billing controls made available in the Service. AsphaltHQ will not require a more burdensome cancellation method than the method reasonably made available for account management. AsphaltHQ may suspend or terminate access for nonpayment, fraud, security risk, material violation of these Terms, unlawful activity, or conduct that threatens the Service or other users. Where reasonably practical, we will provide notice before termination for a curable violation.

11. Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available.” AsphaltHQ disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. AsphaltHQ does not warrant that the Service will be uninterrupted or secure, or that calculations, AI-generated content, documents, measurements, estimates, pricing suggestions, templates, or other output will be error-free, complete, accurate, reliable, or suitable for a particular project or purpose.

12. Limitation of Liability

To the fullest extent permitted by applicable law, AsphaltHQ will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits, revenue, business, goodwill, or data; the cost of substitute services; or losses arising from the matters described in Section 2, even if AsphaltHQ has been advised of the possibility of those damages. To the fullest extent permitted by applicable law, AsphaltHQ’s aggregate liability arising from or relating to the Service or these Terms will not exceed the amount you paid to AsphaltHQ for the Service during the twelve months before the event giving rise to the claim.

Nothing in these Terms excludes, limits, or waives any liability or right that cannot lawfully be excluded, limited, or waived.

13. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold AsphaltHQ harmless from third-party claims arising from your Customer Data, your use of the Service in violation of these Terms, your contracts or dealings with your customers, or your violation of applicable law or another person’s rights.

14. Governing Law and Venue

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles, except where applicable law requires otherwise. Subject to any law that requires a different forum, disputes arising from these Terms or the Service will be brought in a court of competent jurisdiction in Massachusetts, and each party consents to that jurisdiction and venue.

15. Electronic Records and Consent

You agree that these Terms, account acknowledgements, notices, disclosures, and other records relating to the Service may be provided electronically. Your affirmative actions in the Service—including checking an agreement box, creating an account, or using an electronic signature—may constitute your electronic signature and consent to transact electronically to the extent permitted by applicable law. You may retain a copy of these Terms by printing or saving the page.

16. Changes to These Terms

We may update these Terms from time to time. When changes are material, we will provide reasonable notice through the Service, by email, or by another appropriate method. Continued use after an updated version becomes effective constitutes acceptance where permitted by law.

17. Contact

Questions about these Terms may be submitted through the AsphaltHQ contact form.