Terms of Service

1. Eligibility & Accounts

You must be at least 18 years old and authorized to bind your business to enter into these Terms. You are responsible for keeping your login credentials secure and for all activity that occurs under your account. Notify us immediately at legal@kwotly.app of any unauthorized use.

2. Use of the Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes. You agree not to: (a) reverse engineer, copy, or resell the Service; (b) use the Service to violate any law or third-party right; (c) upload malicious code or attempt to gain unauthorized access; (d) submit content you do not have the right to submit; or (e) use the Service to send spam.

3. Your Content

You retain all rights in the photos, descriptions, customer data, and other content you submit ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, process, and display Your Content solely to provide the Service to you. You are solely responsible for the accuracy, legality, and appropriate use of Your Content, including obtaining any consents required from your customers.

4. AI Output

Kwotly uses artificial intelligence to generate scope estimates, material lists, and pricing suggestions. AI output is provided as a starting point and may contain errors or omissions. You are responsible for reviewing every quote before sending it to a customer or relying on it for pricing decisions. Kwotly is not a substitute for professional judgment, on-site inspection, or licensed estimating services.

5. Subscriptions, Payment & Trials

Paid plans (Pro and Team) are billed monthly in advance through our payment processor. Pro and Team include a one-month free trial; if you do not cancel before the trial ends, your card will be charged the then-current monthly fee and on each monthly renewal until you cancel. You can cancel at any time from your account settings; cancellation takes effect at the end of the current billing period. All paid fees are non-refundable except as expressly set out in our Refund Policy.

6. Pricing & Plan Changes

We may change subscription prices, plan tiers, included features, usage limits, and billing terms at any time. Changes affecting your existing subscription will take effect on the renewal following at least 30 days' notice by email or in-app. If you do not agree to a change, your sole remedy is to cancel before the next renewal; continued use of the Service after the effective date constitutes acceptance of the change. Free-tier limits and features may change at any time without notice.

7. Modifications to the Service

Kwotly is a software-as-a-service product under continuous development. We reserve the right, at our sole discretion and without prior notice or liability, to: deploy bug fixes, security patches, and routine updates; add, modify, or remove features and integrations; change AI models, prompts, and pricing logic used to generate quotes; impose, change, or remove usage limits; and schedule maintenance windows or take the Service offline temporarily. We will use commercially reasonable efforts to communicate material breaking changes in advance, but we are not obligated to do so. We do not commit to any specific feature, integration, or behavior remaining available, and the absence of a feature or integration is not a basis for a refund.

8. Intellectual Property

The Service, including its software, design, branding, and content (other than Your Content), is owned by World Social Trend LLC and protected by intellectual property laws. No rights are granted except as expressly set out in these Terms.

9. Suspension & Termination

You can stop using the Service at any time. We may suspend or terminate your access for breach of these Terms, non-payment, or to protect the security or integrity of the Service. On termination, your license to use the Service ends. You can export your quote data for at least 30 days following termination by emailing legal@kwotly.app.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KWOTLY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI OUTPUT WILL BE ACCURATE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KWOTLY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Kwotly and World Social Trend LLC from any claims, losses, or expenses (including reasonable attorneys' fees) arising out of Your Content, your use of the Service, or your breach of these Terms.

13. Governing Law & Dispute Resolution

Governing law. These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Texas and, where applicable, the United States Federal Arbitration Act, without regard to conflict-of-law principles.

Informal resolution first. Before filing any claim, you agree to contact us at legal@kwotly.app with a written description of the dispute and the relief you seek, and to negotiate in good faith for at least 60 days. The 60-day period tolls any applicable statute of limitations.

Binding individual arbitration. If the dispute is not resolved during the informal period, you and World Social Trend LLC agree to resolve it exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator, in English, seated in Travis County, Texas, with hearings held by video conference unless the arbitrator orders otherwise. Judgment on the award may be entered in any court of competent jurisdiction.

Class & jury waiver. You and World Social Trend LLC each waive any right to a trial by jury and any right to bring or participate in a class action, collective action, or representative proceeding. Disputes must be brought in your individual capacity only, and the arbitrator may not consolidate claims or preside over any form of representative proceeding. If this class waiver is held unenforceable as to any claim, that claim must be litigated in court under the venue clause below; the rest of this Section remains in effect.

Exceptions. Either party may bring an individual action in small-claims court, and either party may seek injunctive or other equitable relief in court to protect intellectual property or confidential information without first proceeding to arbitration.

Exclusive venue (carve-outs only). For any claim that is not subject to arbitration, you and World Social Trend LLC consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas, and waive any objection based on inconvenient forum.

Time limit. Any claim must be filed within one (1) year after the cause of action accrued, or it is permanently barred, except where applicable law prohibits this limitation.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be announced by email or in-app at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15. Contact

World Social Trend LLC, 5900 Balcones Dr Suite 100, Austin, TX 78731, United States. legal@kwotly.app