These terms govern use of Quote Pear by the home service companies that subscribe to it. We wrote them the way we write everything: exact, unhurried, and honest about what happens next. Please read them. By using the Services, you agree to them.
These Terms of Service (the "Terms") are a binding agreement between you and Shchegolev Inc d/b/a Quote Pear ("Quote Pear," "we," "us," "our"). They govern your access to and use of quotepear.com, app.quotepear.com, the Quote Pear quoting widget, and all related software, tools, and services (collectively, the "Services"). By accessing or using the Services, you accept these Terms. If you do not agree, do not use the Services.
These Terms are addressed to the home service company that subscribes to the Services. They are not addressed to your customers. If you use the Services on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity, and "you" and "Business" refer to that entity. If we and a Business sign a separate written agreement or order form, that document controls over these Terms to the extent of any conflict.
Our Privacy Policy explains how we handle information and is incorporated into these Terms by reference.
You must be at least 18 and able to form a binding contract. You are responsible for your credentials, for the people you authorize, and for all activity under your account. Notify us promptly at the address in Section 20 of any suspected unauthorized use.
Subject to these Terms and payment of applicable fees, we grant you a limited, nonexclusive, nontransferable, revocable license during your subscription to access the Services and to embed the widget on websites you own or control. No other rights are granted, whether by implication or otherwise.
Except as expressly permitted, you will not, and will not permit anyone to: copy, modify, or create derivative works of the Services; reverse engineer or attempt to extract source code except to the extent the law expressly permits despite this restriction; sell, resell, sublicense, or make the Services available to third parties as your own offering; circumvent usage limits, metering, or security controls; or access the Services to build a competing product.
We improve the Services continuously and may add, modify, or remove features. If a change materially reduces the core functionality of your plan, we will give you reasonable advance notice, and you may cancel before the change takes effect and receive a pro rata refund of prepaid fees for the remainder of your then current period. That refund is the exclusive remedy for such changes.
You represent and warrant that you have all necessary rights, and have obtained all necessary consents, permissions, and authorizations from each End User whose personal information you provide to us or whose personal information is collected through your widget, for that information to be collected, used, transmitted, and processed as contemplated by these Terms and the Privacy Policy, including express consent to receive text messages where required by applicable law. This warranty is a material term. It survives for as long as we hold End User Data.
The Services present a disclosure to End Users when information is collected. You must not modify, obscure, remove, or contradict it. That disclosure supports your obligations under Section 4.1; it does not satisfy them for you. You are responsible for maintaining your own privacy notice, for keeping it accurate about your use of the Services, and for honoring choices your End Users make, including opt outs.
Your contract with your customers is yours alone. You are solely responsible for: the accuracy of your pricing and the quotes the Services generate from it; performing the services your customers book; scheduling, cancellations, rescheduling, refunds, and disputes with End Users; and your compliance with laws applicable to your business, including telemarketing, text messaging, and consumer protection laws. Quote Pear is not a party to your transactions with End Users and does not provide home services.
The Services present prices as estimates generated from your pricing and the information the End User provides, and present requested dates as requests that you confirm, not as confirmed bookings. You must not configure, describe, or represent the Services to End Users in a way that contradicts this, including by promising guaranteed pricing, automatic scheduling, or confirmed appointments the Services do not deliver.
You are the merchant of record for all payments made by End Users through the Services, including deposits. Funds settle to you. Quote Pear is not a party to those transactions, does not act as a payment processor, and does not take possession of End User funds beyond facilitating their transfer to you through our payment provider.
End User payments are processed by Stripe. To accept payments you must maintain an account with Stripe and comply with its agreements, which form a direct relationship between you and Stripe and which you should read. Stripe's terms govern that relationship, and we are not responsible for Stripe's acts, omissions, holds, reserves, or account decisions. We do not store or have access to full card numbers, security codes, or bank credentials.
We charge a platform fee on End User payments facilitated through the Services, at the rate stated in the Order Form, deducted at the time of the transaction. We will change the platform fee only on the notice terms in Section 7.3. Payment processor fees are separate and charged by the processor.
You are solely responsible for refunds to End Users under your own policies, and for chargebacks, disputes, and related fees. You must publish a refund and cancellation policy to your End Users and honor it. We may recover from you any amounts we incur as a result of your chargebacks or disputes, including our platform fee where already paid to us.
As between you and Quote Pear, you own your Business Data. You grant us a worldwide, nonexclusive license to host, copy, process, transmit, and display Business Data as necessary to provide, secure, and support the Services, and as otherwise instructed by you. You represent that you have all rights necessary to grant this license, including in any content and trademarks you upload.
With respect to End User Data, you are the controller and we are the processor. We process End User Data on your behalf and in accordance with these Terms and the Privacy Policy, as a service provider or data processor as those terms are used under applicable privacy laws, including the California Consumer Privacy Act. We will: process End User Data only on your documented instructions, of which providing the Services is one; not sell End User Data or share it for cross context behavioral advertising; not retain, use, or disclose it for any purpose other than performing the Services, except as permitted by law; bind personnel and subprocessors to confidentiality and to protections at least as protective as these; assist you, taking into account the nature of the processing, in responding to End User rights requests and in meeting your security and breach notification obligations; and, on termination, delete or return End User Data as provided in Section 16.3. If we reasonably believe an instruction violates applicable privacy law, we will tell you and may decline to carry it out.
We may create and use data derived from operation of the Services in de-identified and aggregated form that does not identify you, any End User, or any individual, to operate, analyze, secure, improve, and market the Services. We will not attempt to re-identify it. We retain these rights after termination.
When you connect a third party account, such as your field management platform, messaging number, or payment provider, you authorize us to access it on your behalf to provide the Services and represent that you are permitted to grant that access. Your relationship with those platforms is governed by their terms. If a connected platform changes, restricts, or revokes access, parts of the Services may be limited or unavailable, and that is not a breach of these Terms by us; we will use commercially reasonable efforts to restore or work around the affected functionality.
Subscriptions are billed in advance per the Order Form. Unless the Order Form states otherwise, subscriptions include a trial period requiring a valid payment method, renew automatically for successive periods equal to the initial period, and may be canceled at any time with effect at the end of the current period. You authorize us and our payment processor to charge your payment method for all fees due, including usage charges.
Each subscription includes 500 Lookups per calendar month. Usage beyond the included amount is billed in blocks of 100 Lookups at the overage rate in the Order Form, charged with your next billing cycle. Unused Lookups do not roll over. We meter Lookups and make your current usage available to you; our records are the basis for billing absent manifest error.
We may change fees, included usage, overage rates, and the platform fee by giving at least 30 days notice, with changes taking effect at your next renewal. Price changes do not apply to an existing subscription during a period already paid for. If you subscribed at a published rate, that rate continues for your current term and any renewal that begins before the notice period ends. If you do not agree to a change, cancel before the renewal on which it takes effect; continuing past that renewal is acceptance of the new pricing.
All fees are exclusive of taxes. Prices presented in the Order Form, on our website, and in the dashboard do not include sales, use, value added, goods and services, or similar transaction taxes. You are responsible for all such taxes on your purchase, which we will add to your invoice where we are required to collect them. You are not responsible for taxes on our net income. If you are exempt, provide a valid exemption certificate before the exemption can apply.
Except as expressly stated in these Terms or required by law, all fees, including subscription fees, usage charges, and platform fees, are nonrefundable, and no refunds or credits are provided for partial periods, unused Lookups, unused features, downtime, or dissatisfaction. If you cancel, you retain access through the end of the period you paid for.
Annual subscriptions are nonrefundable in full once the term begins. Canceling an annual subscription stops the next renewal and does not refund or prorate the remaining term. Choose annual billing only if you intend to use the Services for the full year; monthly billing exists for flexibility.
As the sole exceptions to this Section 7.5: we will refund prepaid, unused fees pro rata if we terminate your subscription without cause under Section 16.2, if you cancel under Section 3.4, or where Section 15.2 provides a refund.
If payment fails, we may retry your payment method and, after notice and a reasonable grace period, suspend or limit the Services until paid. Fee disputes must be raised in good faith within 60 days of the charge, and you agree to pay undisputed amounts while a dispute is resolved.
Do not misuse the Services. In particular, do not:
We may investigate suspected violations and take proportionate action to protect the Services and their users, including suspension under Section 16.
The Services, including all software, design, documentation, and the Quote Pear brand, are owned by Quote Pear and its licensors and are protected by intellectual property laws. Except for the license in Section 3.2 and your ownership of Business Data, no rights are transferred to you. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty free license to use them without restriction or obligation to you.
Each party may receive nonpublic information of the other that a reasonable person would understand to be confidential, including Business Data, pricing, and nonpublic product information. The receiving party will use such information only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to personnel and service providers under confidentiality obligations, or as required by law with notice to the other party where lawful. These obligations survive for three years after termination, and indefinitely for Business Data and trade secrets.
The Services interoperate with third party platforms for scheduling, payments, messaging, property data, and maps. Those platforms are independent of us. We do not control them and make no representations about their availability, accuracy, security, or terms, and we are not liable for them. Your use of a third party platform is at your own risk and subject to its terms.
Our handling of information is described in the Privacy Policy, which is part of these Terms. You are independently responsible for your own privacy notice and for your obligations to your End Users.
The Services are provided "as is" and "as available." To the fullest extent permitted by law, Quote Pear and its licensors disclaim all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, title, noninfringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, timely, error free, or secure, that defects will be corrected, or that quotes, property data, or Lookups will be accurate, complete, or available.
The Services depend on third party platforms, networks, and data sources. Outages, changes, or errors in those systems can interrupt or degrade the Services. We do not offer uptime commitments or service level agreements, and downtime does not entitle you to refunds or credits except as expressly stated in Section 7.5. No advice or information obtained from us creates any warranty not expressly stated in these Terms.
To the fullest extent permitted by law: (a) neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business interruption, even if advised of the possibility and even if a remedy fails of its essential purpose; and (b) each party's total cumulative liability arising out of or relating to the Services or these Terms will not exceed the greater of the amounts you paid or owed to Quote Pear in the twelve months preceding the first event giving rise to liability or one hundred dollars.
These limitations do not apply to: your payment obligations; either party's indemnification obligations under Section 16; a party's gross negligence, fraud, or willful misconduct; or your breach of Sections 3.3, 4.1, or 8. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. The parties agree these allocations of risk are reflected in the pricing.
You will defend, indemnify, and hold harmless Quote Pear and its officers, directors, and personnel from third party claims, including claims by End Users and by regulators, and resulting damages, costs, and reasonable attorneys' fees, arising from: your services to your customers; your Business Data, pricing, or content; your breach of the consent warranty in Section 4.1, or any claim that End User personal information was collected, used, or messaged without required consent; your payment obligations to End Users, including refunds and chargebacks; your violation of law, including messaging, telemarketing, and consumer protection laws; or your breach of these Terms.
We will defend you against third party claims alleging that the Services, as provided by us and used as authorized, infringe a United States patent, copyright, or trademark, and we will pay resulting damages finally awarded or agreed in settlement. If such a claim arises or appears likely, we may modify the Services, procure the right for you to keep using them, or terminate the affected Services and refund prepaid, unused fees. This Section 15.2 states our entire liability for infringement, does not apply to claims arising from Business Data, third party platforms, or combinations we did not supply, and is subject to Section 14.
The indemnified party must give prompt notice of the claim, reasonable cooperation at the indemnifying party's expense, and sole control of the defense and settlement to the indemnifying party, provided no settlement imposes obligations on the indemnified party without its consent.
These Terms apply while you use the Services. You may cancel at any time from the dashboard or by written notice, effective at the end of the current billing period, subject to Section 7.5 for annual subscriptions.
We may suspend or terminate access: (a) for material breach that remains uncured 10 days after written notice, or immediately for breaches incapable of cure, including violations of Sections 3.3, 4.1, or 8, nonpayment after the grace period in Section 7.6, or conduct creating risk or legal exposure for the Services, End Users, or others; (b) as required by law; or (c) for any reason with 30 days notice, in which case we will refund prepaid, unused fees pro rata. Where practical, we will use suspension before termination and limit it to what the circumstances require.
On termination or expiration, your license ends and the widget stops serving quotes. On written request within 30 days, we will provide you a reasonable export of your Business Data, including End User Data, in a common machine readable format. After that period we may delete it, and we will delete or de-identify End User Data subject to legal retention obligations and routine backup cycles from which data ages out. Sections that by their nature should survive, including Sections 4.1, 6.3, 7 for amounts accrued, and 9 through 19, survive.
Talk to us first. Before filing any claim, the party raising the dispute will send a written description to the other and allow 30 days of good faith discussion. Most issues resolve this way.
These Terms are governed by the laws of the State of New Jersey, excluding its conflict of laws rules. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in New Jersey, and each party consents to their jurisdiction and venue. Either party may bring a qualifying claim in small claims court, and either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. To the extent permitted by law, each party waives trial by jury, agrees that claims may be brought only in an individual capacity and not as a class, collective, or representative action, and agrees that any claim must be filed within one year after it accrues or is permanently barred, except where the law does not allow such a limitation.
We may update these Terms as the Services evolve. For material changes we will give you at least 30 days notice by email or in the dashboard before they take effect; other changes are effective on posting with an updated date above. If you do not agree to a material change, cancel before it takes effect; continued use afterward is acceptance. Changes do not apply retroactively to disputes arising before their effective date.
These Terms, the Privacy Policy, and any Order Form are the entire agreement between the parties regarding the Services and supersede prior discussions. If a provision is held unenforceable, it will be enforced to the maximum extent permitted and the rest remains in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent, not to be unreasonably withheld for an assignment to a successor of your business; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control, other than payment obligations. Notices to us go to the address in Section 20; notices to you go to your account email, and you are responsible for keeping it current. The parties are independent contractors, and there are no third party beneficiaries except as stated in Section 15.
Quote Pear
legal@quotepear.com