Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Damage Assessment Tool ("DAT," "Service," "we," "us"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you are using the Service on behalf of a company or other entity ("Customer"), you represent that you have authority to bind that entity. All references to "you" or "your" include both you personally and the Customer.

The Service is a software platform for capturing, organizing, and reporting on storm-damage roof inspections. We provide mobile and web interfaces for inspection capture, photo management, damage cataloging, and PDF report generation, intended for use by roofing professionals, public adjusters, and similar parties.

The Service is provided on a subscription basis. Pricing and feature inclusions are described on our pricing page and may be updated from time to time with notice.

You must provide accurate, current, and complete information when creating an account. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us immediately at support@damageassessmenttool.com if you suspect unauthorized access.

We offer two-factor authentication (2FA) for added account security and strongly recommend enabling it for any account with billing or administrative access.

New workspaces start with a 14-day free trial of the Solo plan. No credit card is required to begin the trial. At the end of the trial, if no payment method is on file, the workspace becomes read-only — you can view your data but cannot create new inspections — until payment information is added or the workspace is deleted.

Paid subscriptions automatically renew at the end of each billing period (monthly or annual) until canceled. You may cancel at any time from the Billing page; cancellation takes effect at the end of the current billing period. We do not offer prorated refunds for partial periods except where required by law.

Overage charges (e.g., $5 per inspection beyond the per-user monthly allowance on Teams plans) accrue on a monthly basis and are billed with your next invoice. We notify workspace owners by email the first time overage occurs each billing period.

You retain all rights to data and content you upload to the Service, including photos, damage descriptions, customer information, and generated reports ("Customer Data"). You grant us a limited, non-exclusive license to host, process, and display Customer Data solely for the purpose of providing the Service to you.

You are solely responsible for ensuring you have the right to upload Customer Data, including obtaining any necessary consents from property owners, customers, or other individuals whose information appears in the data. You agree not to upload data that violates applicable law or third-party rights.

We store photo metadata (EXIF, GPS, timestamps) as captured. The Service includes per-workspace controls to strip EXIF at upload time and always strips EXIF from customer-facing share links regardless of workspace setting.

Active workspace data is retained for the lifetime of your subscription. Upon cancellation, we retain your data for 30 days to allow account reactivation; after 30 days the data is permanently deleted from production systems within 60 days, subject to backup retention periods.

You may export your Customer Data at any time via the workspace settings (photo + inspection ZIP export). You may also request permanent deletion by emailing privacy@damageassessmenttool.com.

You agree not to: (a) use the Service for any unlawful purpose; (b) attempt to gain unauthorized access to any other workspace, account, or system; (c) interfere with or disrupt the Service or servers; (d) circumvent or attempt to circumvent usage limits, including by sharing credentials across multiple individuals; (e) use the Service to send unsolicited communications; (f) reverse-engineer, decompile, or attempt to extract source code; or (g) resell or sublicense the Service without our prior written consent.

We employ both automated and manual detection of credential sharing and other policy violations. We may, in our discretion, restrict or terminate access in cases of suspected abuse.

The Service, including its software, design, branding, and content (excluding Customer Data), is owned by us and protected by copyright and other intellectual property laws. These Terms do not grant you any rights to our trademarks or branding.

We strive to keep the Service available 24/7 but do not guarantee uninterrupted access. Scheduled maintenance is announced in advance where practical. We are not liable for unavailability caused by factors outside our reasonable control, including third-party infrastructure providers, internet outages, or force majeure events.

The Service integrates with third-party providers including payment processing (Stripe), email delivery (Resend), file storage (Cloudflare R2), and AI-assisted features (Google, OpenAI). Your use of integrated features may be subject to those providers' own terms.

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. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Reports generated by the Service are tools to assist your professional judgment. They do not constitute legal or insurance advice and do not guarantee acceptance by any insurance carrier. You remain responsible for the accuracy of inspections and the appropriateness of any claims submitted using the Service.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

You agree to indemnify and hold us harmless from any claims, losses, or damages (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your Customer Data, or (c) your violation of these Terms or applicable law.

You may cancel your subscription at any time. We may suspend or terminate your access for material violations of these Terms, with notice where practical. Upon termination, your access to the Service ends and the data-retention timeline in Section 6 applies.

We may update these Terms from time to time. Material changes will be communicated by email to workspace owners and announced in the application at least 30 days before taking effect. Continued use of the Service after the effective date constitutes acceptance.

These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict-of-law principles. Any dispute shall be resolved in the state or federal courts located in Denver County, Colorado.

Questions about these Terms? Email legal@damageassessmenttool.com.