Terms of Service

1. This agreement

These Terms of Service (the “Terms”) are a binding agreement between Walkable (“Walkable”, “we”, “us” or “our”) and you. They govern your access to and use of getwalkable.com, every workspace hosted on a subdomain of getwalkable.com or on a customer’s own domain, the Quick Quote product at quickquote.getwalkable.com and the quote pages it hosts, the homeowner portals, document signing pages, instant quote pages, application programming interfaces and all related software and support that Walkable makes available (together, the “Service”).

By creating an account, signing into a workspace, opening a link sent through the Service, signing a document through the Service, or otherwise using the Service, you accept these Terms. If you do not accept them, do not use the Service.

If you use the Service on behalf of a company or another legal entity, you represent that you have authority to bind that entity, and “you” means that entity. If your company has subscribed to the Service, the SaaS Agreement and the Data Processing Agreement also apply to your company, and where they conflict with these Terms they control. Our Privacy Policy explains how personal information is handled and forms part of these Terms.

2. Definitions

• “Customer” means the roofing, exterior or home-improvement business that has created a workspace or a Quick Quote account in the Service.
• “Quick Quote” means Walkable’s instant roof quote product: a hosted quote page and embeddable widget that measures a roof from third-party imagery, applies the Customer’s pricing and delivers the visitor’s details to the Customer as a lead. It is available inside a Walkable workspace and on its own at quickquote.getwalkable.com. A Quick Quote account is a workspace for the purposes of these Terms, and everything these Terms say about a workspace applies to it.
• “Authorized User” means an employee, contractor or agent of a Customer who has been given a sign-in to that Customer’s workspace.
• “Homeowner” means a client or prospective client of a Customer who is invited to a Customer’s portal, receives a document, proposal, invoice or appointment through the Service, or requests an instant quote from a Customer’s quote page.
• “Customer Data” means all data, documents, images, messages and other content submitted to a workspace by a Customer, its Authorized Users or its Homeowners, including personal information about Homeowners.
• “Walkable Content” means the Service’s software, design, templates, contract forms, documentation, trademarks and all other material provided by Walkable, excluding Customer Data.

3. Who may use the Service

The Service is offered to businesses and to the people they do business with. You must be at least 18 years old to create an account or sign a document through the Service. You may not use the Service if you are barred from doing so under the laws of the United States or any other applicable jurisdiction, or if you have previously been suspended or removed from the Service by Walkable.

4. Accounts and sign-ins

Each workspace belongs to the Customer that created it. The Customer decides who receives a sign-in, what each person can see and do, and what Customer Data is stored. Sign-ins are personal: do not share them, and do not use another person’s sign-in. You are responsible for keeping your credentials confidential and for all activity that occurs under your sign-in. Tell us at support@getwalkable.com as soon as you believe a sign-in has been compromised.

Homeowners may be given portal access by their contractor. A Homeowner’s portal sign-in is created on the contractor’s instruction and shows information that the contractor chooses to publish. Walkable does not decide what a contractor shares with a Homeowner.

5. Walkable, Customers and Homeowners

Walkable provides software. We are not a roofing contractor, an insurance company, a lender, a payment processor or a party to any contract between a Customer and a Homeowner. Estimates, proposals, contracts, invoices, warranties, schedules and messages sent through the Service are created by the Customer, and the Customer alone is responsible for their accuracy, their legality and their performance. Any dispute about a roofing job, a price, a claim, a warranty or a payment is between the Customer and the Homeowner.

Homeowner information in a workspace is collected and controlled by the Customer. Walkable processes it only to provide the Service to that Customer, as described in the Privacy Policy and the Data Processing Agreement. A Homeowner who wants to access, correct or delete information held in a contractor’s workspace should contact that contractor; we will help the contractor respond.

6. Electronic signatures and documents

The Service lets a Customer send documents for electronic signature and lets recipients sign them from a link. By signing a document through the Service you agree to do business electronically, you consent to the use of electronic signatures and electronic records in place of paper, and you acknowledge that your electronic signature has the same legal effect as a handwritten one to the extent permitted by the United States Electronic Signatures in Global and National Commerce Act, the Uniform Electronic Transactions Act as adopted in your state, and other applicable law.

For each signed document the Service records the signer’s name as typed or drawn, the email address the signing link was sent to, the date and time of each action, the network address from which the document was signed, and the sequence of signers. This audit trail is stored with the document and is provided to all parties with the final merged copy. You may withdraw consent to electronic signatures by not signing; if you need a paper copy of a document, ask the Customer that sent it. To sign you need a current web browser, an email account and the ability to view PDF files.

Walkable provides contract templates for convenience. They are not legal advice. The Customer is responsible for deciding whether a template is suitable for its business and its jurisdiction, for the content of every document it sends, and for any changes it makes to a template.

7. Payments and fees

Subscription fees for a workspace are set out in the SaaS Agreement and on the Billing page of the workspace. Payments to Walkable are processed by Stripe, Inc.; Walkable does not store full payment card numbers.

A Customer may connect its own Stripe account to accept invoice payments from Homeowners. Those payments are made directly to the Customer under the Customer’s agreement with Stripe. Walkable is not a party to those transactions, does not hold those funds, and is not responsible for refunds, chargebacks or disputes between a Customer, a Homeowner and Stripe. A Homeowner who pays an invoice through the Service should direct questions about the charge to the contractor named on the invoice.

8. Acceptable use

You agree that you will not, and will not allow anyone else to:

• use the Service for any purpose that is unlawful, deceptive, harassing, or that infringes the rights of others;
• upload or send content that you do not have the right to use, that contains malicious code, or that is obscene, defamatory or threatening;
• send unsolicited commercial messages through the Service, or send any message to a person who has asked not to receive messages from you;
• impersonate any person or entity, misrepresent your authority to sign a document, or forge another person’s signature;
• attempt to access another Customer’s workspace or data, or any part of the Service you are not authorized to access;
• probe, scan, overload, interfere with or disrupt the Service or its infrastructure, or bypass any rate limit, access control or security feature;
• copy, modify, reverse engineer, decompile or create derivative works of the Service, or use automated means to extract data from it except through interfaces we document for that purpose;
• resell, sublicense, rent or lease the Service, or use it to build a competing product; or
• use the Service to collect, store or transmit health, financial-account, government-identifier or payment-card information except as the Service is designed to handle it.

We may investigate suspected violations, remove content, and suspend or terminate access as described in Section 14. Addresses that report our messages as unwanted are placed on a platform-wide suppression list and will not receive further email from the Service, regardless of which Customer attempts to send it.

9. Your content and data

As between you and Walkable, you own your Customer Data. You grant Walkable a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display and create backups of Customer Data solely to provide, secure, support and improve the Service, to comply with law, and as otherwise instructed by the Customer. This license ends when the Customer Data is deleted from the Service, subject to the retention periods in the SaaS Agreement.

You represent that you have all rights and consents needed to submit Customer Data to the Service and to have it processed as these Terms describe, including any consent required to send messages to Homeowners and to store information about them.

Walkable may generate and use statistics about how the Service is used, provided that they do not identify any Customer, Authorized User or Homeowner and cannot reasonably be used to do so.

10. Walkable’s intellectual property

The Service and all Walkable Content are owned by Walkable and its licensors and are protected by copyright, trademark and other laws. Subject to these Terms, Walkable grants you a limited, non-exclusive, non-transferable, revocable right to use the Service for its intended purpose. No other rights are granted. The names Walkable and Quick Quote, the Walkable chevron mark and the getwalkable.com domain are trademarks of Walkable; you may not use them without our written permission.

If you send us ideas, suggestions or other feedback about the Service, you grant Walkable a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

11. Third-party services

The Service relies on and links to services operated by others, including Stripe for payments, Google Maps Platform for address lookup and roof measurement on instant quote pages, and any financing, measurement or other provider a Customer chooses to connect. Your use of a third-party service is governed by that provider’s terms and privacy policy. Walkable is not responsible for third-party services, for their availability, or for what they do with information you give them.

12. Trials, previews and changes to the Service

We may offer free trials, and features marked as beta, preview or early access. These are provided for evaluation, may be changed or withdrawn at any time, and are excluded from any availability or support commitment. We may also change, add or remove features of the Service. If a change materially reduces the core functionality of a paid plan, the Customer may terminate the affected subscription as described in the SaaS Agreement.

13. Disclaimers

THE SERVICE AND WALKABLE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WALKABLE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WALKABLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY ESTIMATE, MEASUREMENT, TEMPLATE, CALCULATION OR OTHER OUTPUT OF THE SERVICE IS ACCURATE, COMPLETE OR SUITABLE FOR ANY PURPOSE. ROOF MEASUREMENTS AND INSTANT QUOTES ARE STARTING POINTS DERIVED FROM THIRD-PARTY IMAGERY AND MUST BE CONFIRMED ON SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WALKABLE AND ITS OWNERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WALKABLE’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID TO WALKABLE BY THE CUSTOMER WHOSE WORKSPACE IS CONCERNED IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED UNITED STATES DOLLARS. THESE LIMITS APPLY TOGETHER AND REFLECT THE ALLOCATION OF RISK ON WHICH THE SERVICE IS OFFERED. THEY DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED BY LAW.

15. Indemnification

You will defend, indemnify and hold harmless Walkable and its owners, employees, contractors and suppliers from and against any claim, demand, loss, liability, damage, cost and expense, including reasonable attorneys’ fees, arising out of or related to: your Customer Data; your use of the Service in violation of these Terms or applicable law; any document you send, sign or rely on through the Service; any dispute between a Customer and a Homeowner, an insurer, a lender or a supplier; or your violation of the rights of any third party. Walkable may take control of the defense of any matter subject to indemnification, in which case you will cooperate with us.

16. Suspension and termination

We may suspend or terminate your access to the Service, remove content, or pause a workspace if we reasonably believe that you have violated these Terms, that your use creates a security, legal or operational risk to Walkable or to others, or if we are required to do so by law. Where practical we will tell you first and give you a chance to fix the problem. A Customer may close its workspace at any time as described in the SaaS Agreement. Sections 5, 6, 9, 10 and 13 through 19 survive termination.

17. Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict-of-laws rules, and by applicable federal law of the United States. Any dispute arising out of or related to these Terms or the Service will be brought exclusively in the state or federal courts located in Fayette County, Kentucky, and you consent to the personal jurisdiction of those courts. 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, YOU AND WALKABLE EACH WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT ANY CLAIM WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST BE FILED WITHIN ONE YEAR AFTER IT ACCRUES OR IT IS PERMANENTLY BARRED.

The Service is operated from the United States and is intended for users in the United States. If you use it from elsewhere you do so on your own initiative and are responsible for compliance with local law. You may not use the Service if you are located in a country subject to a comprehensive United States embargo or are on a United States government restricted-party list.

18. Changes to these Terms

We may revise these Terms. The current version is always published at https://getwalkable.com/terms with its effective date and version. If a change is material we will give Customers at least 30 days’ notice by email to the workspace owner or by a notice in the workspace before it takes effect, except that changes required by law or that address a security or legal risk may take effect immediately. Continued use of the Service after a change takes effect means you accept the revised Terms. Each Customer’s workspace records which version of the Terms it accepted and when.

19. General

These Terms, together with the Privacy Policy and, for Customers, the SaaS Agreement and Data Processing Agreement, are the entire agreement between you and Walkable about the Service and replace any prior agreement or understanding. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in effect. Walkable’s failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; Walkable may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control. Notices to Walkable must be sent by email to support@getwalkable.com with the subject line “Legal notice”; notices to you may be sent to the email address on your account or displayed in the Service. There are no third-party beneficiaries of these Terms.