Terms of Service

1. Acceptance of Terms

By accessing or using FenceEstimatePro (“Service”), or by clicking to accept these Terms, you enter into a binding agreement with Pearl Labs LLC (“Pearl Labs,” “we,” “us”). If you do not agree, do not use the Service. These terms apply to all users, including contractors, foremen, and sales representatives. You represent that you are at least 18 years old and, if you use the Service on behalf of a business, that you are authorized to bind that business to these Terms. Your continued use of the Service constitutes acceptance of the version of these Terms then in effect.

2. Description of Service

FenceEstimatePro is a cloud-based SaaS platform that provides fence contractors with tools for estimating, job management, materials tracking, proposals, electronic signatures, and business reporting. The Service is provided by Pearl Labs LLC, based in Ocala, Florida. The Service is a software tool only; it does not provide engineering, surveying, legal, accounting, tax, or other professional advice.

3. Account Registration

You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials. You must notify us immediately of any unauthorized access. You are responsible for all activity that occurs under your account.

4. Subscription, Billing & Automatic Renewal

FenceEstimatePro offers paid subscription plans. By subscribing, you authorize us (through our payment processor, Stripe) to charge your payment method on a recurring basis. Plans are billed monthly or annually as selected.

Monthly plans cancel anytime. Annual plans are billed yearly and can cancel renewal anytime. You may cancel at any time from the billing portal — cancellation takes effect at the end of the current billing period. No refunds are issued for partial billing periods.

5. Acceptable Use

You agree not to: use the Service for any unlawful purpose; attempt to gain unauthorized access to any portion of the Service; reverse engineer, copy, or resell any part of the Service; upload malicious code or interfere with the Service's infrastructure; use the Service to store or transmit infringing, defamatory, or otherwise unlawful content. We respond to notices of alleged copyright infringement and terminate repeat infringers in accordance with our Copyright / DMCA Policy.

6. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. You retain ownership of all data you input into the Service. You grant us a limited license to process that data solely to provide and improve the Service. We do not sell your data to third parties. For business customers requiring a data processing agreement, see our Data Processing Addendum.

7. Confidentiality of Financial Data

The Service contains sensitive financial information including cost data, margin data, and pricing. You are responsible for managing role-based access within your organization. FenceEstimatePro enforces access controls but is not liable for unauthorized disclosure resulting from account sharing or improper role configuration.

8. Contractor Responsibilities; Licensing; Your Customers

You are an independent business. You — not Pearl Labs — are solely responsible for:

• Holding and maintaining all licenses, registrations, permits, bonds, and insurance required for your business in every jurisdiction where you operate. The Service does not verify, confer, or imply that you hold any license, and nothing in the Service should be read as a representation that you are licensed.
• The accuracy, pricing, legality, and performance of every quote, proposal, contract, change order, and job you create or deliver to your own customers (including homeowners and HOAs).
• Complying with all laws that govern your dealings with your customers, including home-solicitation / right-to-cancel (cooling-off) rules, finance-charge and usury limits, consumer-protection and advertising laws, lien laws, and tax collection.

Your customers are not parties to these Terms and have no relationship with Pearl Labs. Any dispute between you and your customer is solely between you and them.

9. Estimates, AI Features & Disclaimers

The Service and all outputs, including estimates, material takeoffs, proposals, and AI-assisted extractions, are provided “as is” and “as available,” without warranties of any kind.

To the maximum extent permitted by law, Pearl Labs LLC disclaims all warranties, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.

Estimates and outputs are non-binding approximations based on the inputs you provide and require your independent professional judgment. We do not guarantee the accuracy, completeness, reliability, or profitability of any output. The Service may use third-party artificial intelligence to assist with photo, survey, and estimate extraction; AI-assisted outputs may be incomplete or incorrect and must be independently verified by you before any reliance or use.

You are solely responsible for all quotes, contracts, and business decisions you make, and Pearl Labs is not liable for any loss arising from under- or over-estimating, lost profits, lost or unprofitable jobs, pricing errors, or reliance on any output.

We do not warrant that the Service will be uninterrupted, error-free, or secure, and we do not provide any uptime or service-level guarantee for self-serve plans. You are responsible for maintaining your own copies of important data; we are not liable for data loss to the extent permitted by law.

10. Electronic Signatures and Signed Contracts

The Service may allow you to send proposal or contract links, collect electronic signatures, and store signed contract records. You are the sole author of, and the sole party to, the contracts you send through the Service; Pearl Labs is only a record-keeping conduit and is not a party to your contracts. You are responsible for reviewing your contract terms and confirming they are appropriate for your business, jurisdiction, and customer relationship, and for obtaining your customer's consent to transact electronically as required by the federal ESIGN Act and applicable state law (such as the Florida Uniform Electronic Transaction Act).

FenceEstimatePro stores signature metadata such as signer name, email, timestamp, request details, and acceptance hash to help preserve a record of the signing event. We do not provide legal advice and do not guarantee that any template or signed record will satisfy every legal requirement in your jurisdiction.

You should consult qualified legal counsel before relying on any contract template for production use.

11. Limitation of Liability

To the maximum extent permitted by law, Pearl Labs LLC and its members, officers, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising from or related to your use of the Service, even if advised of the possibility of such damages.

Our total aggregate liability for all claims arising from or related to the Service shall not exceed the greater of (a) the amount you paid us for the Service in the 12 months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Pearl Labs LLC and its members, officers, and agents from and against any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) the quotes, estimates, proposals, contracts, change orders, or work you provide to your customers; (c) any claim brought by your customers, homeowners, HOAs, employees, subcontractors, or other third parties relating to your jobs, contracts, or business; (d) your violation of these Terms or any law; or (e) your infringement of any third-party right.

13. No Third-Party Beneficiaries

These Terms are solely between you and Pearl Labs LLC. No customer, homeowner, HOA, or other third party is an intended beneficiary of these Terms or the Service, and no such party may bring any claim under or relating to these Terms or the Service.

14. Dispute Resolution; Arbitration; Class-Action Waiver

Please read this section carefully — it affects how disputes are resolved and limits how you can seek relief.

Informal resolution first. Before starting a formal proceeding, you agree to contact us at support@fenceestimatepro.com and attempt to resolve the dispute informally for at least 30 days.

Binding arbitration. Except as provided below, any dispute arising from or relating to these Terms or the Service that is not resolved informally shall be resolved by final and binding individual arbitration administered by a recognized arbitration provider (such as the American Arbitration Association) under its applicable rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Class-action waiver. Disputes will be arbitrated only on an individual basis. You and Pearl Labs waive any right to bring or participate in a class, collective, consolidated, or representative action.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information.

30-day opt-out. You may opt out of this arbitration agreement by emailing support@fenceestimatepro.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

15. Termination

We reserve the right to suspend or terminate your account for violation of these terms, non-payment, or any activity that we determine to be harmful to the Service or other users. Upon termination, you may request an export of your data within 30 days.

16. Changes to Terms

We may update these Terms at any time. We will notify you of material changes via email or an in-app notice. For material changes, we may require you to affirmatively accept the updated Terms before continuing to use the Service; otherwise, continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Subject to the arbitration agreement in Section 14, any dispute not subject to arbitration shall be resolved exclusively in the state or federal courts located in Marion County, Florida, and you consent to their jurisdiction and venue.

18. General

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

Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and Pearl Labs regarding the Service and supersede all prior understandings.

No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Force Majeure. Neither party is liable for any delay or failure to perform due to causes beyond its reasonable control.

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

Survival. Sections concerning disclaimers, limitation of liability, indemnification, dispute resolution, and governing law survive termination of these Terms.

19. Contact

Questions about these Terms? Contact us at support@fenceestimatepro.com