FLOORENDER Terms and Conditions

1. The FLOORENDER Service

FLOORENDER is a software platform designed to assist businesses and sales professionals with functions that may include:

• Project and surface visualization
• Product and coating selection
• Project configuration
• Pricing and quoting
• Discounts
• Sales offers
• Approval and counteroffer workflows
• Sales administration and account management
• Customer and project information management

Features may be added, modified, or discontinued from time to time.

2. Eligibility and Business Use

You must be legally capable of entering into a binding agreement to use the Services.

FLOORENDER is primarily intended for commercial and business use. If you use FLOORENDER on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms.

In that case, "you" includes both you and the organization.

3. Accounts

Some features require an account.

You agree to:

• Provide accurate and current account information
• Maintain the confidentiality of your login credentials
• Use reasonable measures to protect your account
• Promptly notify us of suspected unauthorized use
• Be responsible for activity occurring through your account to the extent permitted by law

You may not share credentials in a manner that circumvents account or licensing restrictions.

Administrators may be able to create, manage, modify, or deactivate accounts belonging to users within their organization.

4. Customer and Project Information

You retain applicable rights in information, photographs, customer information, project details, pricing information, and other materials that you or your authorized users submit to the Services ("Customer Data").

You grant FLOORENDER the limited rights necessary to host, process, transmit, display, reproduce, and otherwise use Customer Data solely as reasonably necessary to provide, maintain, secure, support, and improve the Services and as otherwise described in our Privacy Policy.

You represent that you have the necessary rights and permissions to provide Customer Data to FLOORENDER and to permit us to process it in connection with the Services.

5. Visualizations, Measurements, Estimates, and Quotes

FLOORENDER may generate or assist users in creating visualizations, calculations, measurements, estimates, pricing, quotes, or other sales materials.

These tools are intended to assist sales and business workflows. Results may depend on information, photographs, measurements, pricing rules, product settings, or other data provided by users.

You are responsible for reviewing and verifying project specifications, measurements, product selections, pricing, discounts, quotes, contractual terms, and other information before presenting or relying on them in a customer transaction.

Visual representations are illustrative and may differ from actual installed products due to lighting, photography, screen displays, materials, installation conditions, manufacturing variations, or other factors.

Unless expressly stated otherwise, FLOORENDER does not warrant that a visualization will exactly represent the appearance of a completed installation.

6. SMS/Text Messaging Terms

FLOORENDER may offer optional SMS notifications for time-sensitive account and sales-related events.

If you provide a mobile phone number and affirmatively opt in to SMS messaging, you consent to receive text messages from FLOORENDER relating to your account. Messages may include:

• Sales offer approval requests
• Offer approvals
• Offer denials
• Counteroffers
• Other account or sales workflow notifications

Message frequency varies. Message and data rates may apply.

You may opt out at any time by replying STOP to a FLOORENDER text message.

For assistance, reply HELP or contact us at support@floorender.com.

SMS consent is voluntary and is not required to purchase or use FLOORENDER.

Your mobile carrier is not responsible for delayed or undelivered messages.

Wireless carriers and FLOORENDER cannot guarantee that every text message will be delivered.

You are responsible for providing an accurate mobile phone number and for notifying us if your number changes.

If you stop using or transfer a mobile number that you previously provided to FLOORENDER, you should update or remove that number from your account.

Mobile phone information and SMS opt-in data and consent will not be sold or shared with third parties or affiliates for marketing or promotional purposes.

Additional information about how we handle information is available in our Privacy Policy.

7. SMS Consent and Opt-Out

You may withdraw SMS consent at any time.

Replying STOP will opt the applicable number out of future FLOORENDER SMS messages, subject to processing of the opt-out request and any messages legally permitted or necessary to confirm that request.

You may later opt back in using an available FLOORENDER consent mechanism.

Consent to SMS messaging is separate from acceptance of these Terms and is not a condition of using the FLOORENDER Services.

8. Acceptable Use

You may not use the Services to:

• Violate applicable law or regulation
• Infringe another person's intellectual property or privacy rights
• Upload malicious code or interfere with the operation of the Services
• Attempt to gain unauthorized access to systems or accounts
• Circumvent security, licensing, or access controls
• Use automated systems to access the Services in an abusive or unauthorized manner
• Send unlawful, deceptive, fraudulent, threatening, or unsolicited communications
• Use information obtained through FLOORENDER for unlawful purposes
• Misrepresent your identity or affiliation

We may suspend or restrict access where reasonably necessary to protect the Services, our customers, or others.

9. Intellectual Property

Except for Customer Data and third-party materials, FLOORENDER and its licensors own all rights, title, and interest in the Services, including software, designs, interfaces, functionality, graphics, logos, trademarks, documentation, and related intellectual property.

These Terms do not transfer ownership of any FLOORENDER intellectual property to you.

Subject to these Terms and any applicable subscription agreement, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for their intended business purposes.

10. Feedback

If you provide suggestions, ideas, recommendations, or other feedback concerning FLOORENDER, you grant us the right to use that feedback without restriction or obligation to you.

This does not give us ownership of your Customer Data.

11. Third-Party Services

FLOORENDER may use or integrate with third-party products and services, including providers of hosting, messaging, email, payments, authentication, analytics, and other technology services.

Your use of third-party services may be governed by separate terms and privacy policies.

We are not responsible for third-party products or services except to the extent required by applicable law.

12. Fees and Payment

Certain FLOORENDER features or accounts may require payment.

Pricing, subscription periods, payment terms, usage limits, and other commercial terms may be stated in an order form, subscription agreement, online checkout process, or other agreement between you and FLOORENDER.

If separate commercial terms conflict with these Terms regarding pricing or payment, the separate commercial terms will control for that issue.

13. Availability and Changes

We work to provide reliable Services but do not guarantee uninterrupted or error-free availability.

We may modify, update, suspend, or discontinue features when reasonably necessary for operational, security, legal, or business reasons.

From time to time, the Services may be unavailable due to maintenance, updates, outages, third-party services, or circumstances outside our reasonable control.

14. Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided "as is" and "as available."

FLOORENDER disclaims all warranties not expressly provided in writing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, completely secure, or that every visualization, estimate, quote, calculation, or other output will be accurate or suitable for a particular project.

Some jurisdictions do not permit certain warranty exclusions, so portions of this section may not apply to you.

15. Limitation of Liability

To the maximum extent permitted by law, FLOORENDER and its owners, officers, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, goodwill, or data, arising out of or relating to the Services.

To the maximum extent permitted by law, FLOORENDER's total liability arising out of or relating to the Services will not exceed the amount you paid to FLOORENDER for the Services during the twelve months immediately preceding the event giving rise to the claim.

The limitations above apply regardless of the theory of liability and even if a party has been advised of the possibility of such damages.

Some jurisdictions do not allow certain limitations of liability, so these limitations may not apply in full.

16. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless FLOORENDER and its owners, officers, employees, contractors, and affiliates from claims, damages, liabilities, losses, and reasonable expenses arising from:

• Your unlawful or unauthorized use of the Services
• Customer Data you provide
• Your violation of these Terms
• Your violation of another person's rights
• Your communications or transactions with your own customers or prospects

This obligation does not apply to the extent a claim results from FLOORENDER's own unlawful conduct.

17. Suspension and Termination

You may stop using FLOORENDER at any time, subject to any separate contractual or subscription obligations.

We may suspend or terminate access if:

• You materially violate these Terms
• Payment obligations remain unpaid
• Your use creates a security or legal risk
• Suspension is required by law
• Your conduct threatens the integrity of the Services or other users

Where reasonable under the circumstances, we may provide notice before suspension or termination.

Sections that by their nature should survive termination will remain in effect.

18. Privacy

Our collection and use of personal information is described in the FLOORENDER Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference where permitted by law.

19. Changes to These Terms

We may update these Terms from time to time.

The Effective Date at the top of this page identifies the latest version.

If we make material changes, we may provide reasonable notice through the Services, by email, or by other appropriate means.

Continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

20. Governing Law

These Terms will be governed by the laws of the State of Michigan, without regard to its conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Services will be brought in the state or federal courts located in Oakland County, Michigan, unless applicable law requires otherwise.

You and FLOORENDER consent to the jurisdiction of those courts.

21. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect, and the affected provision will be enforced to the maximum extent permitted by law.

22. Entire Agreement

These Terms, together with the Privacy Policy and any applicable order form, subscription agreement, or other written agreement between you and FLOORENDER, constitute the agreement governing your use of the Services.

If a separately executed agreement conflicts with these Terms, the separately executed agreement controls to the extent of the conflict.

23. Contact Us

Questions regarding these Terms may be directed to: