Terms of Service

Nestimates ("Nestimates," "we," "us," or "our") operates the website https://nestimates.com/ (the "Site") and provides services that connect homeowners ("Homeowners") seeking competitive bids for home improvement projects with licensed contractors ("Contractors") who can provide such bids (collectively, the "Services"). These Terms of Service ("Terms" or "Agreement") constitute a legally binding contract between Nestimates and you, as a user ("User," "you," or "your"), with respect to your use of the Site and Services. By accessing or using the Site or Services, you consent to abide by these Terms. If you do not agree, you must not access or use the Site or Services.

These Terms incorporate our Privacy Policy, available at https://nestimates.com/privacy-policy, which describes how we collect, use, and protect your information. In the event of a conflict between these Terms and the Privacy Policy, these Terms shall take precedence, unless otherwise required by applicable law.

We reserve the right to change these Terms at any time, with or without cause. Changes will be posted on this page with an updated effective date. We may provide additional notice for material changes via email or a prominent notice on the Site. Your continued use of the Site or Services after such changes constitutes acceptance of the revised Terms.

1. Interpretation and Definitions

1.1 Interpretation

Words with initial capitalization have the meanings defined below, whether in singular or plural form.

1.2 Definitions

For the purposes of these Terms:

• Account: A unique account created for you to access the Services.
• Affiliate: An entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authorities.
• Contractors: Licensed contractors who are verified by Nestimates and made available to provide bids through the Services.
• Homeowners: Individuals or entities seeking bids for home improvement projects through the Services.
• Company (or "Nestimates," "we," "us," or "our"): Nestimates, a Delaware limited liability company, the provider of the Site and Services.
• Content: Any text, images, videos, audio, or other materials uploaded, posted, or shared by Users on the Site or through the Services, including project details, bids, and Contractor profiles.
• Device: Any device used to access the Services, such as a computer, cellphone, or tablet.
• Personal Data: As defined in our Privacy Policy.
• Services: The Site and the connection facilitation, bid matching, and related services provided by Nestimates, including connecting Homeowners with licensed Contractors.
• Site: The website https://nestimates.com/.
• You (or "User"): The individual or entity accessing or using the Site or Services, including Homeowners and Contractors.

2. Description of Services

Nestimates provides a platform for Homeowners and Contractors to connect with each other for competitive bids on home improvement projects. We verify potential Contractors through license checks, insurance verifications, and reference reviews to ensure basic suitability. Homeowners upload project details, review Contractor profiles and bids, and select candidates. Once connected, Homeowners contract directly with Contractors. Nestimates is not a contracting agency or a party to such contracts; we facilitate introductions only and may receive compensation in the form of fees from Contractors or Homeowners (as specified during the process). For clarity, Nestimates is not a contractor, employer, or agency under federal, state, or provincial law. Homeowners and Contractors are solely responsible for compliance with worker classification, licensing, insurance, and all applicable laws in their jurisdiction.

Key features include:

• Account registration for Homeowners and Contractors.
• Project upload and profile creation tools.
• Bid matching and communication functionalities.
• Payment processing for fees (via third-party providers), if applicable.
• Verification reports and services (where applicable).

The Services are available to users in the United States and Canada. We may modify, suspend, or discontinue any part of the Services at any time without prior notice, subject to applicable law.

3. Eligibility and Accounts

3.1 Eligibility

To use the Services, you must:

• Be at least 18 years old (or the age of majority in your jurisdiction).
• Be legally capable of entering into binding contracts.
• For Contractors: Be licensed and authorized to work in the relevant jurisdiction and provide accurate information for verification.
• Comply with all applicable laws, including labor, employment, licensing, and privacy regulations in your jurisdiction.

By using the Services, you represent and warrant that you meet these requirements. Users must complete identity verification procedures as requested by Nestimates. Account sharing, pseudonymous accounts, or misrepresentation of identity is strictly prohibited. Nestimates reserves the right to suspend or terminate accounts where verification fails or a User becomes legally disqualified from participation.

3.2 Account Registration

To access certain features, you must create an Account by providing accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your Account credentials.
• All activities conducted under your Account.
• Notifying us immediately of any unauthorized use at support@nestimates.com.

We may suspend or terminate your Account if you violate these Terms, provide false information, or engage in activities that harm the Services or other Users.

Contractors: By applying, you consent to verification checks and the sharing of your profile (e.g., skills, licenses, but not full contact information until connected) with potential Homeowners.

Homeowners: By uploading projects, you agree to contract directly with selected Contractors and pay any applicable fees as outlined in Section 5.

3.3 SMS/Text Message Communications

4. User Obligations and Conduct

4.1 General Obligations

You agree to:

• Provide accurate, current, and complete information in all interactions with the Services.
• Comply with all applicable local, state, provincial, and federal laws, including construction, licensing, anti-discrimination, and privacy laws.
• Use the Services only for lawful purposes related to seeking or providing bids for home improvement projects.
• Pay all applicable fees promptly as described in Section 5.
• Notify us of any changes to your qualifications, eligibility, or contact information.

4.2 Prohibited Conduct

You agree not to:

• Post or share false, misleading, defamatory, or illegal Content.
• Harass, discriminate, or harm other Users or third parties.
• Impersonate others or create false Accounts.
• Upload viruses, malware, or harmful code.
• Scrape, copy, or reproduce Content without permission.
• Attempt to circumvent Nestimates' fees or connect outside the platform to avoid obligations.
• Violate intellectual property, copyright, trademark, or other proprietary rights of Nestimates or third parties.
• Engage in spam, unsolicited communications, or pyramid schemes.
• Reverse engineer, decompile, or disassemble any part of the Services.
• Interfere with or disrupt the functionality of the Services.
• Misuse, sell, or unauthorized share personal data obtained through the Services.
• Engage Contractors for unlawful purposes or without proper licensing.
• Fail to immediately notify Nestimates of any safety incident, suspected illegal activity, or material concern relating to the Services.

4.3 Verification and Contracting Responsibilities

Contractors: You must maintain the licenses, insurance, and qualifications disclosed during verification and promptly inform us of any changes. You are responsible for ensuring compliance with all legal requirements for providing services.

Homeowners: Nestimates' verification process is for informational purposes only and does not guarantee a Contractor's performance, suitability, or reliability. You are responsible for conducting any additional due diligence. Contracts between Homeowners and Contractors are direct agreements; Nestimates is not a party to these contracts and disclaims liability for disputes arising from them.

5. Payments and Fees

5.1 Fees

• Verification or Subscription Fees: Contractors may pay fees to undergo verification and be listed on the platform.
• Success Fee: Contractors agree that Nestimates may charge a Success Fee equal to 9.9% of the total amount paid or payable for any project awarded, performed, and successfully completed through the Services. The Success Fee applies only to projects successfully completed through the Nestimates platform, unless otherwise expressly stated in writing.
• All payments are processed through third-party payment providers (e.g., Stripe). We do not store full payment card details.

All fees are non-refundable except as required by applicable law or expressly stated otherwise in writing. You authorize us to charge your provided payment method for all applicable fees. Failure to pay may result in suspension or termination of your Account.

5.2 Taxes

You are solely responsible for any taxes, duties, or levies arising from your use of the Services or contracts with Contractors. Nestimates is not responsible for withholding or reporting taxes on behalf of Users.

6. Intellectual Property

6.1 Nestimates' Intellectual Property

The Site, Services, and all associated Content (excluding User Content), including text, graphics, logos, designs, and software, are owned by Nestimates or its licensors and are protected by United States, Canadian, and international copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for purposes consistent with these Terms.

6.2 Trademarks

The trademarks, logos, and service marks displayed on the Site and Services are the registered and unregistered trademarks of Nestimates or its licensors. Nothing in these Terms grants any license or right to use any Trademark without our express written permission.

6.3 User Content

You retain ownership of Content you upload. By posting Content, you grant Nestimates a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, display, distribute, and modify your Content as necessary to provide the Services. You represent and warrant that your Content does not infringe the intellectual property, privacy, or other rights of third parties and is accurate, lawful, and complies with these Terms.

6.4 DMCA Notices

If you believe any Content on our Services infringes your copyright, you may submit a DMCA notification to our Copyright Agent at legal@nestimates.com.

7. Third-Party Links and Services

The Services may contain links to third-party websites or services. We do not control, endorse, or assume responsibility for these third-party services or their content, privacy policies, or practices.

8. No Contracting or Agency Relationship

Nestimates is not a contractor, employer, or agency. We facilitate connections between Homeowners and Contractors but are not a party to any contracts or agreements between them. Nestimates is not responsible for the performance, conduct, or quality of work provided by Contractors, or for disputes between Homeowners and Contractors.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NESTIMATES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

WE DO NOT GUARANTEE THE SUITABILITY, RELIABILITY, OR PERFORMANCE OF CONTRACTORS, THE ACCURACY OF BIDS, OR THE SUCCESS OF ANY PROJECT. HOMEOWNERS ARE RESPONSIBLE FOR THEIR OWN DUE DILIGENCE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NESTIMATES, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL FEES PAID BY YOU TO NESTIMATES IN THE 12 MONTHS PRECEDING THE CLAIM OR (II) ONE HUNDRED U.S. DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless Nestimates, its Affiliates, and their respective officers, directors, employees, agents, successors, and assigns from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising directly or indirectly from your breach of these Terms, your Content or activities in connection with the Services, or disputes between Homeowners and Contractors.

12. Term and Termination

This Agreement is effective upon your first access to the Services. We may terminate or suspend your access at any time, with or without cause, including for violations of these Terms. You may terminate your Account by contacting us at support@nestimates.com or through your Account settings.

13. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Subject to Section 14, any legal action arising from these Terms shall be brought exclusively in the state or federal courts of Wilmington, Delaware.

14. Dispute Resolution

14.1 Mediation and Arbitration

Any dispute arising out of or relating to these Terms or the Services shall first be submitted to mediation in Wilmington, Delaware, administered by the American Arbitration Association (AAA). If unresolved within 60 days, the dispute shall proceed to binding arbitration administered by AAA under its Commercial Arbitration Rules.

14.2 Class Action Waiver

To the fullest extent permitted by law, you and Nestimates agree to resolve disputes in an individual capacity only and not as part of a class, collective, or representative action.

15. No Professional Services Advice

Nestimates does not provide contracting, legal, or professional services advice. Any information provided through the Services is for informational purposes only and should not be relied upon as professional advice. Consult a qualified professional for construction, legal, or other advice specific to your needs.

16. Miscellaneous

16.1 No Waiver

No delay or omission by Nestimates in exercising any rights under these Terms constitutes a waiver. A waiver is effective only in writing.

16.2 Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms without our prior written consent.

16.3 Severability

If any provision of these Terms is found to be unlawful or unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.

16.4 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Nestimates regarding the use of the Services.

16.5 Force Majeure

Nestimates shall not be liable for delays or failures in performance due to causes beyond our reasonable control, including acts of God, natural disasters, government actions, or internet outages.

16.6 Notice

Notices to Nestimates must be sent via email to legal@nestimates.com or via certified mail to 300 Delaware Ave. Suite 210 #540, Wilmington, DE 19801.

17. Contact Us

If you have questions about these Terms or the Services, contact us at:

Nestimates
300 Delaware Ave. Suite 210 #540
Wilmington, DE 19801
Email: support@nestimates.com