Terms of Service

Quotivly ("Quotivly", "we", "us") provides software that helps contractors and service businesses create quotes, manage jobs, send invoices and collect payments. These Terms of Service ("Terms") form an agreement between Quotivly and the business or person using the service ("you"). By creating an account or using Quotivly you agree to these Terms. If you do not agree, do not use the service.

Quotivly is operated by its owner and based in Santa Fe, New Mexico. Mailing address: 1704 Llano St Suite B-1002, Santa Fe, NM 87505, USA. Email: [email protected].

PLEASE NOTE: these Terms include a binding arbitration agreement and a class-action waiver (see "Dispute resolution" below), which affect how disputes are resolved.

You must be at least 18 and able to enter a binding contract. You are responsible for the accuracy of the information you provide, for keeping your password secure, and for all activity under your account, including activity by team members you invite. Tell us promptly if you believe your account has been accessed without permission.

You agree not to:

• use Quotivly for anything unlawful, fraudulent or misleading;
• upload content you do not have the right to use, or that is harmful or offensive;
• send spam or unsolicited messages to people through the service;
• try to break, overload, reverse engineer or gain unauthorised access to the service or other accounts;
• resell or sublicense the service without our written permission.

We may suspend or close accounts that break these rules.

Quotivly uses artificial intelligence to draft quotes, line items, material quantities, invoices and messages based on your photos, descriptions and pricing settings. AI output can be inaccurate or incomplete. You are solely responsible for reviewing, editing and approving every quote, invoice and message before sending it, and for the prices, scope, measurements and terms you offer your customers. Quotivly is not responsible for losses caused by relying on AI output without checking it.

You are the seller of your services to your customers; Quotivly is not a party to those agreements. You are responsible for your work, your pricing, your licences and insurance, applicable taxes, warranties, and any disputes with your customers. Customers who view quotes or pay invoices through Quotivly links are also bound by the parts of these Terms that apply to them.

New accounts receive a 14-day free trial of Pro with no credit card required. If you do not choose a paid plan and authorize payment, nothing is charged when the trial ends. If you choose a plan and save your card during the trial, the remaining trial stays free and your selected plan starts automatically at the disclosed trial-end date unless you cancel first. Your data is kept when your trial ends.

Paid plans are billed in advance, monthly or yearly as you choose, through Stripe and renew automatically until cancelled. The full recurring price, billing period and applicable tax are disclosed before you authorize payment. Annual payment covers a full year, not a month-to-month commitment. Your next renewal and any pending plan change are shown in Settings → Billing.

Upgrades on the same billing period start now, after you approve the charge. Downgrades and monthly/yearly changes start at your next renewal. Your paid time is kept.

For an immediate upgrade, the confirmation shows the amount due today, including applicable tax and account credits, and the credit for unused plan time. You authorize that amount before the upgrade is submitted. If the preview expires or your bill changes, you must review it again. An upgrade on the same billing period does not reset your renewal date. A higher plan combined with a monthly/yearly switch starts at renewal instead; to upgrade immediately, keep your current billing period.

Downgrades and monthly/yearly switches have no scheduling fee or mid-period plan charge. They start at the end of the period already paid for: the next monthly renewal for monthly subscribers, or the annual renewal for yearly subscribers. Until then you retain your current plan. There is no annual quota on change requests. One pending choice is allowed at a time; you can cancel it before it starts and review a different choice. Cancelling a pending change keeps your current subscription renewing; it does not cancel the subscription.

The plan-change confirmation includes any extra team logins needed to keep your current team. Starter requires just the owner, with no other members or open invites. A pending plan cannot silently add charges for more people: if it would not fit your team, cancel that pending choice before adding people or paid logins, then review the new price. Removing unused paid logins can reduce your bill and create a credit on your next invoice. These extra-login adjustments are separate from renewal-time plan changes.

You may cancel your subscription at any time in Settings → Billing, without contacting support. Cancellation ends renewal after your current paid period, keeps access until then, and does not delete your account data. If a plan change is pending, the separate Cancel subscription at renewal action removes it and ends renewal. To resume before the end date, use Manage billing. Except for the credits described above, billing errors, or refunds required by law, unused paid time is not automatically refunded. Contact [email protected] if you believe a charge is incorrect; we will investigate and correct confirmed billing errors. Nothing here limits your statutory rights.

Plan prices are not changed by this billing-policy update. Applicable taxes and any separately disclosed extra AI use or approved add-ons remain separate from the base plan price. We will give at least 30 days of advance notice of any future material billing-policy or plan change, describe the effective date and your options, and honor the period already paid for. No change applies retroactively to a completed charge. Any future price increase requires separate owner approval and advance notice; continued use does not authorize an undisclosed charge.

Each paid plan includes a set dollar amount of AI use every billing month (currently Starter $5, Pro $10, Business $20), measured at what the AI actually costs us. You can see your use any time in Settings → Billing, with a heads-up at 80% and 100%. If you use more than your plan includes, the extra is added to your next bill as its own line at two times our actual AI cost. You can set your own monthly limit on extra AI charges (or set it to $0); when you reach it, AI features pause instead of charging more. AI used during a free trial, and AI used before we announced this charge, is never billed.

If you choose to accept online payments from your customers, those payments are processed by Stripe through a Stripe Connect account in your name, and you must also agree to Stripe's terms. Funds are paid out by Stripe to you, not held by Quotivly. Standard processing fees apply. You are responsible for refunds, chargebacks and disputes with your customers.

You may ask Quotivly to build a custom feature for your business ("Custom Add-On"). This is how it works:

• you send a request describing what you want;
• we reply with a written price quote (a one-time build fee and/or a monthly fee) or tell you we cannot build it;
• nothing is built or charged until you approve the quote;
• after it is built you get a 7-day trial to try it;
• at the end of the trial you choose Continue (fees are billed through Stripe as quoted) or Discontinue (the Add-On is turned off and you are not charged further).

Quotivly keeps all ownership of the code, designs and know-how behind every Custom Add-On, even if you suggested the idea, and may reuse them for other customers. While your subscription and any Add-On fees are paid up, you get a limited, non-exclusive, non-transferable licence to use the Add-On. We do not promise that an Add-On will produce any particular result for your business. Once you choose Continue, Add-On fees are non-refundable except where required by law. We may change, replace or retire an Add-On if a provider it depends on changes, and will give reasonable notice where we can.

Texting from Quotivly is currently paused. Quotivly does not send text messages for any business until its carrier registration (A2P 10DLC) is approved. While paused, the app will not send texts and text buttons are turned off. When texting is turned back on, these rules apply to every business:

• you may text only your own current or past customers (people you have quoted, worked for or invoiced) — never leads, bought lists or strangers;
• you must have the customer's prior express written consent before any text is sent, for example the box they tick when approving a quote, or a yes you record in the app with how and when they gave it. Never send a text to ask for permission;
• texts may be about that customer's own job only (quotes, appointment reminders, on-my-way notices, invoices). No marketing, promotions, specials or advertising by text;
• every customer can reply STOP to opt out and HELP for help; opt-outs are honoured at once and you must not text them again. An opt-out given any other reasonable way (a call, an email, telling you in person) counts too and must be recorded in the app;
• texts are sent only between 8am and 9pm in the customer's local time;
• you may send only the kinds of texts approved in your carrier registration;
• you may not share, sell, rent or borrow phone numbers or consent, or use another business's customer list;
• texts may not mention alcohol, tobacco, vaping, cannabis, firearms, gambling, adult content or debt collection;
• consent and opt-out records must be kept for at least four (4) years.

You are responsible for following the Telephone Consumer Protection Act (TCPA), CTIA messaging guidelines, carrier rules and any state laws that apply to your texts. Quotivly keeps a record of each customer's consent and may block, limit or stop texting for any account at any time. You agree to defend and hold Quotivly harmless from any claim, fine or cost arising from texts sent for your business or from consent you recorded.

You keep ownership of the content and data you put into Quotivly, including customer details, photos, logos, quotes and invoices. You give us permission to store, process and display that content only as needed to provide and improve the service, as described in our Privacy Policy. You confirm you have the right to share your customers' information with us for this purpose.

Quotivly, including its software, design, logo and brand, belongs to us and is protected by law. We grant you a limited, non-exclusive, non-transferable right to use the service while your account is active. We may improve, change or discontinue features over time. We aim to keep the service available but do not guarantee it will be uninterrupted or error-free.

The service is provided "as is" and "as available". To the fullest extent allowed by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

We are not responsible for any delay or failure to perform caused by events beyond our reasonable control, including outages or changes at our hosting, database, payment (such as Stripe), email, messaging or AI model providers; internet or power failures; cyber-attacks; fire, flood, storms, earthquakes or other natural disasters; pandemics; strikes; war or unrest; and acts of government, including new laws or regulations.

To the fullest extent allowed by law, Quotivly will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business opportunities. Our total liability for any claim relating to the service is limited to the amount you paid Quotivly in the 12 months before the claim arose, or $100 if you have not paid us.

You agree to defend and hold Quotivly harmless from claims, losses and costs (including reasonable legal fees) arising from your use of the service, your content, your work for your customers, or your breach of these Terms.

You may stop using Quotivly and close your account at any time. We may suspend or end your access if you break these Terms or if required by law. After closure we may delete your data after a reasonable period; export anything you need before closing your account.

We may update these Terms from time to time. If changes are significant we will notify you by email or in the app. Continuing to use Quotivly after changes take effect means you accept the updated Terms.

To the fullest extent allowed by law, any claim relating to Quotivly or these Terms must be started within one (1) year after the claim arose. After that, the claim is permanently barred.

Talk to us first: before starting any claim, email [email protected] describing the problem and what you want. We will try in good faith to resolve it within 30 days.

Binding arbitration: if we cannot resolve it, you and Quotivly agree that any dispute relating to the service or these Terms will be decided by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer or Commercial Arbitration Rules (whichever applies), instead of in court. The arbitration will take place in Santa Fe County, New Mexico, or by video or phone if both sides agree. The Federal Arbitration Act governs this section. The arbitrator may award the same individual relief a court could, but only for the individual party bringing the claim.

Exceptions: either side may bring an individual claim in small-claims court if it qualifies, and either side may go to court to stop infringement or misuse of its intellectual property or unauthorised access to the service.

No class actions: you and Quotivly each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, group, consolidated or representative action. If this class-action waiver is found unenforceable for a claim, that claim (and only that claim) will be heard in court, not arbitration.

Your right to opt out: you can opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms, with your name, account email and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

These Terms are governed by the laws of the State of New Mexico and applicable United States federal law, without regard to conflict-of-law rules. Any dispute that is not arbitrated (including small-claims matters and claims for which arbitration is opted out or not allowed) will be handled in the state or federal courts located in Santa Fe County, New Mexico, unless the law where you live requires otherwise.

If any part of these Terms is found unenforceable, the rest stays in effect. If we do not enforce a right right away, we do not give it up. You may not transfer your account or these Terms without our written permission; we may transfer them as part of a sale, merger or change of our business form (for example, if Quotivly becomes a company), and these Terms will continue to apply. These Terms, together with our Privacy Policy and any quote you approve for a Custom Add-On, are the whole agreement between you and Quotivly about the service.

Questions about these Terms? Email us at [email protected].