Terms & Conditions

Last updated January 31, 2024

 

Welcome to XactMeasurements.com, where roofing professionals can access tools for roofing measurements, estimating, and workflow automation. Our services, referred to as “Service Provider Services,” are provided to property owners, homeowners, and other users seeking services. Please read the following to understand the rules and restrictions governing your use of our website, products, services, and applications (the “Services”). If you have any questions or concerns about these terms or our Services, please contact us at:

Email: info@xactmeasurements.com
Phone: +1 (469) 850-0009
Address: 15922 Eldorado Pkwy, Frisco, TX 75035, USA

These Terms of Use (“Terms”) constitute a binding contract between you and Digital Aerial Technologies LLC (“XactMeasurements,” “we,” and “us”). By using our Services, you agree to these Terms, which include the provisions in this document and the Privacy Policy. Additional policies, rules, and conditions (“Additional Terms”) may apply to certain Services, and by using those Services, you agree to comply with these Additional Terms.

Please read these Terms carefully. They cover important information about the Services, including charges, taxes, fees, future changes to these Terms, automatic renewals, limitations of liability, a class action waiver, and dispute resolution through arbitration instead of in court. PLEASE NOTE: YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THESE TERMS; IF YOU DO NOT AGREE TO ALL OF THEM, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY WAY.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: Except for certain disputes described in the Arbitration Agreement section below, you agree that disputes between you and us will be resolved by binding, individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration.

Will these terms ever change?

We continually strive to improve our Services, which means these Terms may change. We reserve the right to modify the Terms at any time, and we will notify you by posting a notice on our site, sending an email, or through other means. If you disagree with the new Terms, you must stop using the Services. Continued use of the Services after a change means you accept the new Terms.

What about my privacy?

XactMeasurements takes user privacy seriously. For our current Privacy Policy, please check our Privacy policy (https://xactmeasurements.com/privacy).

Children’s Online Privacy Protection Act

We comply with the Children’s Online Privacy Protection Act (COPPA). We do not knowingly collect personal information from children under 13. If we are informed we have collected such information, we will delete it promptly. If you believe a child under 13 has provided us with personal information, contact us at info@xactmeasurements.com.

Using XactMeasurements.com

To use our Services, you may need to create an account, select a password and user name, and provide certain information. You must provide accurate, complete, and updated information. You are responsible for maintaining the security of your account and password. You must notify us immediately of any unauthorized use of your account.

Service Providers use our platform to assist in generating measurements, drawing roof measurement reports, and creating roofing proposals. Information provided through our Services, including measurements and estimates, is provided “AS-IS” without warranties. We do not guarantee the accuracy of these Deliverables and are not liable for reliance on them.

Service Providers offer their services directly to Customers, assuming all responsibility for those services. XactMeasurements does not supervise or control Service Providers and is not responsible for ensuring the quality of their services.

Warranty Disclaimer

XactMeasurements and its licensors, suppliers, partners, parent, subsidiaries, or affiliated entities, along with their respective officers, directors, employees, representatives, and agents (collectively, the “XactMeasurements Parties”), make no representations or warranties regarding the Services. This includes any Content contained in or accessed through the Services. The XactMeasurements Parties are not responsible or liable for the accuracy, copyright compliance, legality, or decency of materials accessed through the Services.

THE SERVICES AND CONTENT ARE PROVIDED BY XACTMEASUREMENTS ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

To the fullest extent permitted by applicable law, under no circumstances and under no legal theory (including, but not limited to, tort, contract, strict liability, or otherwise) shall any of the XactMeasurements parties be liable to you or any other person for:

1. Any indirect, special, incidental, punitive, or consequential damages of any kind, including damages for lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction.

2. Any substitute goods, services, or technology.

3. Any amount, in the aggregate, in excess of the greater of (i) one hundred ($100) dollars or (ii) the amounts paid and/or payable by you to XactMeasurements in connection with the services in the twelve (12) month period preceding the applicable claim.

4. Any matter beyond our reasonable control.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Refund Policy:

Due to the rapid processing of our aerial measurement services, no refunds are available once an order has begun processing. Verify the report format and location and ensure  you’re ordering a sketch for the correct property before completing your purchase.

Indemnity

You agree to indemnify and hold the XactMeasurements parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the services (including any actions taken by a third party using your account), and (b) your violation of these terms.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the XactMeasurements may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and XactMeasurements agree that these Terms, if you are a Service Provider, any other mutually executed, written contract between you and XactMeasurements (if applicable), are the complete and exclusive statement of the mutual understanding between you and XactMeasurements, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of XactMeasurements, and you do not have any authority of any kind to bind XactMeasurements in any respect whatsoever.

Except as expressly set forth in the section above regarding the arbitration agreement and in the paragraph below, you and XactMeasurements agree there are no third-party beneficiaries intended under these Terms.

Termination

You may terminate your use of the Services at any time. We may suspend or terminate your access for any reason, including violation of these Terms. Account termination may result in the deletion of your account and associated content.

Dispute Resolution

Disputes will be resolved through binding arbitration. You waive your right to participate in class action lawsuits or class-wide arbitration.

For more detailed terms and information, please visit our terms of use: (https://xactmeasurements.com/terms) page.

Contact Us

For any questions or concerns, please reach out to us at info@xactmeasurements.com.D