Terms of Service

Pricing for Takeoffs and any related products is set forth on MMR's website or order page at the time of purchase. MMR may change its pricing at any time, but changes will not affect Takeoffs already purchased.

Payments are processed by Stripe, Inc. ("Stripe"). By providing payment information, Customer authorizes MMR and Stripe to charge the applicable amount to Customer's payment method. Customer is responsible for all taxes other than taxes on MMR's net income.

Each Takeoff purchase includes 30 calendar days of CRM Access beginning on the date of purchase. CRM Access:

1. Does not auto-renew;
2. Does not roll over or accumulate; the most recent Takeoff purchase resets the 30-day clock;
3. Terminates automatically at the end of the 30-day period unless extended by another Takeoff purchase; and
4. Does not include any service-level commitment.

All Takeoff fees are non-refundable once an Output has been generated. CRM Access fees are non-refundable.

If the Service materially fails to generate an Output for a Takeoff Customer has paid for, MMR may, in its sole discretion, issue a credit toward a future Takeoff or attempt to regenerate the Output. The decision to issue a credit is at MMR's discretion and does not constitute a warranty or guarantee. Nothing in this Section creates a binding obligation to issue refunds or credits.

Takeoffs are paid in advance, so there is no recurring or post-delivery payment that can fail mid-service. If, however, Customer later initiates a chargeback, payment reversal, or refund request through Customer's bank or payment provider for a Takeoff that has already been delivered, MMR may, in addition to any other remedies available at law or under these Terms, (i) suspend Customer's access to the Service and any active CRM Access, (ii) revoke the license granted in Section 7.2 for the Output associated with the disputed payment, and (iii) recover from Customer the disputed amount, processor fees, and reasonable costs of resolving the dispute.

As between Customer and MMR, MMR owns all right, title, and interest in and to the Service, the Outputs (including all underlying algorithms, models, geometry processing, and methodology), and all intellectual property rights in the foregoing. Outputs are MMR's work product.

Subject to Customer's compliance with these Terms and payment of applicable fees, MMR grants Customer a perpetual, worldwide, non-exclusive, non-transferable, royalty-free license to:

1. Use Outputs purchased by Customer in Customer's roofing business operations, including for ordering material, fabricating panels, presenting estimates to homeowners, and submitting documents to suppliers and inspectors;
2. Reproduce and distribute Outputs to Customer's employees, subcontractors, fabricators, suppliers, and the homeowner whose property is the subject of the Takeoff; and
3. Incorporate Outputs into Customer's own project files, proposals, and bid documents.

Customer may not:

1. Remove, obscure, alter, or modify any MMR branding, watermarks, attribution, copyright notices, or other proprietary markings on Outputs;
2. Represent Outputs as having been independently generated by Customer or by any third party;
3. Resell, sublicense, or redistribute Outputs as a standalone measurement service or competing product;
4. Use Outputs to train, develop, or improve any competing measurement, takeoff, or computer-vision product or service;
5. Reverse engineer, decompile, or attempt to derive the source code, algorithms, or models behind the Service; or
6. Use the Service in any manner that violates applicable law.

Outputs may include attribution required by third-party data providers (for example, attribution required by Google's Maps Platform terms). Customer must preserve such attribution wherever it appears.

Customer represents and warrants that, for each property submitted to the Service, Customer has the right and authorization to:

1. Submit the property's address and coordinates to MMR for measurement;
2. Have MMR access third-party geospatial and aerial imagery data for that property; and
3. Receive and use the resulting Output in connection with Customer's roofing business.

This authorization typically arises from Customer's existing business relationship with the property owner (for example, a roofing job, bid, or service agreement). Customer must not submit Property Data for properties for which Customer has no business relationship or other lawful basis.

Customer grants MMR a worldwide, royalty-free license to use, store, process, and transmit Customer Data and Property Data as necessary to:

1. Provide the Service to Customer;
2. Operate, maintain, secure, and improve the Service;
3. Generate, deliver, and store Outputs; and
4. Comply with applicable law.

Customer agrees that MMR may use roof geometry, polygon coordinates, pitch measurements, panel layouts, and other technical outputs derived from Customer's submissions ("Derived Data") to train, evaluate, and improve MMR's machine learning models, computer vision pipeline, and related Services. Derived Data used for model improvement is stored and processed separately from account, billing, and contact information, and is not associated with homeowner names or contact information.

MMR sells aggregated and generalized data derived from the platform to third parties for marketing, advertising, and market intelligence purposes. The categories of data MMR sells may include geographic identifiers (such as city, neighborhood, or general area), commercial information (such as roofing material types, panel and trim configurations, and roof characteristics derived from MMR's takeoff outputs), and related property attributes. MMR sells this data to categories of recipients including building product manufacturers and suppliers, contractors and home services companies, insurance providers, advertising and marketing firms, and market research companies.

MMR does not sell names, email addresses, phone numbers, payment information, or account credentials.

Under the California Consumer Privacy Act and similar laws in Colorado, Connecticut, Virginia, Utah, and other states, you may have the right to opt out of the sale or sharing of personal information about you. To exercise this right, email privacy@mymetalroofer.com or use the "Do Not Sell or Share My Personal Information" link in the footer of our site.

In no event will MMR, its affiliates, officers, directors, employees, agents, or licensors be liable to Customer or any third party for any:

1. Indirect, incidental, special, consequential, exemplary, or punitive damages;
2. Lost profits, lost revenue, or lost business opportunity;
3. Loss of goodwill or reputation;
4. Cost of material ordered, fabricated, or installed in reliance on Outputs;
5. Cost of rework, re-fabrication, or reinstallation;
6. Loss of data or loss of use of data; or
7. Cost of substitute services,

whether arising in contract, tort (including negligence), strict liability, or any other theory, even if MMR has been advised of the possibility of such damages.

MMR's total cumulative liability arising out of or relating to these Terms, any Output, or the Service will not exceed the amount Customer paid to MMR for the specific Takeoff giving rise to the claim. MMR's aggregate liability for all claims in any 12-month period will not exceed the total amounts paid by Customer to MMR during that 12-month period.

Customer acknowledges that the limitations and exclusions in this Section reflect a reasonable allocation of risk and form an essential basis of the bargain between the parties. The Service would not be provided to Customer on the same economic terms without these limitations.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, MMR's liability is limited to the maximum extent permitted by law.

Customer will defend, indemnify, and hold harmless MMR, its affiliates, and its officers, directors, employees, and agents from and against any third-party claim, demand, suit, proceeding, loss, liability, damage, fine, penalty, cost, or expense (including reasonable attorneys' fees) ("Claim") arising out of or relating to:

1. Customer's submission of Property Data without proper authorization, or any claim by a property owner, homeowner, or third party arising from Customer's submission;
2. Customer's use, distribution, or reliance on any Output, including without limitation any Claim that material was incorrectly ordered, fabricated, or installed in reliance on an Output;
3. Customer's breach or alleged breach of these Terms;
4. Customer's violation of applicable law; or
5. Customer's gross negligence or willful misconduct.

MMR will defend, indemnify, and hold harmless Customer from and against any Claim by an unaffiliated third party alleging that the Service, as provided by MMR and used by Customer in accordance with these Terms, infringes such third party's U.S. patent, copyright, or trademark. MMR's obligations under this Section do not apply to any Claim arising from:

1. Customer Data or Property Data;
2. Use of the Service in combination with other products, services, or data not provided by MMR;
3. Modifications to the Service made by anyone other than MMR;
4. Use of the Service after MMR has notified Customer to discontinue such use; or
5. Use of the Service in violation of these Terms or applicable law.

If a Claim of infringement is made or appears likely, MMR may, at its option, (i) procure a license for Customer to continue using the Service, (ii) modify the Service to be non-infringing, or (iii) terminate the affected portion of the Service and refund any unused, prepaid fees. The remedies in this Section state Customer's sole and exclusive remedy, and MMR's entire liability, for any Claim of infringement.

The indemnified party will (i) promptly notify the indemnifying party of the Claim, (ii) give the indemnifying party sole control of the defense and settlement (provided no settlement may admit liability or impose obligations on the indemnified party without its consent), and (iii) provide reasonable cooperation at the indemnifying party's expense.

These Terms commence when Customer first accepts them and continue until terminated as provided in this Section.

MMR may immediately suspend Customer's access to the Service, in whole or in part and without prior notice, if MMR reasonably believes that:

1. Customer has materially breached these Terms;
2. Customer's use of the Service poses a security risk or could expose MMR or another customer to liability;
3. Customer has failed to pay amounts owed; or
4. Suspension is required by law.

Customer may terminate its account at any time by written notice to [INSERT EMAIL]. Termination does not entitle Customer to a refund of any fees, and Customer remains responsible for all amounts owed.

MMR may terminate these Terms and Customer's account for cause if Customer materially breaches these Terms and fails to cure the breach within 30 days after MMR provides written notice of the breach. For breaches that cannot reasonably be cured (including without limitation breaches of Sections 7.3, 8.1, or 9), MMR may terminate immediately upon notice.

Upon termination:

1. Customer's right to access and use the Service ceases;
2. CRM Access is revoked;
3. The license to use any previously delivered Output survives in accordance with Section 7.2, subject to Section 7.3;
4. Customer must pay all amounts owed to MMR;
5. Sections 7, 8.2, 8.3, 9, 12, 13, 14, 17, 18, and 19, and any other provision that by its nature should survive, will survive termination.

MMR will retain Customer Data and account records for up to 90 days after termination, after which such data may be deleted. Derived Data used for model improvement may be retained as described in Section 8.3 and in MMR's Privacy Policy.

Before initiating any formal dispute, the parties will attempt in good faith to resolve the dispute by negotiation. The party initiating the dispute will provide written notice describing the dispute and the relief sought to the other party. The parties will negotiate in good faith for at least 30 days.

If the parties cannot resolve a dispute through informal negotiation, the dispute will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in St. Lucie County, Florida, by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Notwithstanding Section 17.2, either party may bring an action in a court of competent jurisdiction for:

1. Claims of infringement or misappropriation of intellectual property rights, including copyright, patent, trademark, and trade secret claims;
2. Injunctive or other equitable relief; and
3. Collection of unpaid amounts owed.

The parties 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 party's claims and may not preside over any form of representative or class proceeding.

To the extent any dispute proceeds in court rather than arbitration, the parties knowingly and voluntarily waive any right to trial by jury.

If the class action waiver in Section 17.4 is found to be unenforceable, then the entirety of this Section 17 will be null and void, but the remainder of these Terms will remain in effect.

These Terms, together with any order forms, the Privacy Policy, and any other documents expressly incorporated by reference, constitute the entire agreement between the parties regarding the subject matter and supersede all prior or contemporaneous agreements, communications, and understandings.

In the event of a conflict between these Terms and any other document, these Terms control unless the other document expressly states that it supersedes a specific section of these Terms.

If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

A party's failure to enforce any provision of these Terms is not a waiver of its right to do so later. No waiver is effective unless in writing and signed by the waiving party.

Customer may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without MMR's prior written consent. MMR may freely assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. Any attempted assignment in violation of this Section is void.

Neither party is liable for any failure or delay in performance (other than payment obligations) due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or utility failures, third-party service outages, or pandemic.

These Terms do not create any third-party beneficiary rights.

Notices to MMR must be sent by email to help@mymetalroofer.net.

Notices to Customer may be sent to the email address associated with Customer's account.

The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.

Section headings are for convenience only and do not affect interpretation.

Customer represents that it is not located in, and will not use the Service from, any country subject to a U.S. government embargo, and that it is not on any U.S. government list of restricted parties.