SaaS Subscription Agreement

1. The Service

This Subscription Agreement ("Agreement") governs your use of the Lightwork Smart Estimator platform ("Service") as a business user ("Contractor"). By creating an account, you confirm that you are a legal business entity and not a consumer.

2. Independent Business Relationship

2.1 No Employment: You acknowledge that you are an independent business entity. Nothing in this Agreement creates an employment, partnership, or agency relationship between you and Lightwork. You retain full autonomy to accept or reject leads, set your own final prices, and manage your own schedule.

2.2 No General Business Guarantee: The Service is a productivity tool. Except for the limited promotional commitment in Section 6 (if applicable), we make no representations or warranties regarding the quantity, quality, or conversion rate of leads or estimates generated.

3. AI Tools & Liability

3.1 Verification Required: The Service uses artificial intelligence to generate project estimates and scope assessments. You acknowledge that AI outputs may be inaccurate. You agree to independently review and verify all estimates, material lists, and prices before sending them to a client.

3.2 Nondiscrimination: You agree NOT to use the Service's scoring or filtering tools to discriminate against any client based on race, color, religion, sex, national origin, disability, or familial status, in violation of the Fair Housing Act or other laws.

4. Data & Privacy

4.1 Your Data: You retain ownership of the customer data you import. You grant Lightwork a license to use this data to provide the Service and to improve our AI models in an anonymized, aggregated format.

4.2 TCPA Compliance (Spam Defense): You represent and warrant that you have obtained express written consent from all contacts you import or message through the Service. You agree to indemnify Lightwork for any claims arising from your violation of the TCPA, CAN-SPAM Act, or similar laws.

5. Subscription & Payment

• Auto-Renewal: Subscriptions renew automatically unless cancelled 24 hours before the billing cycle ends.
• Refund Policy: Payments are generally non-refundable, except where required by law or where you qualify under Section 6 (Performance Guarantee).

6. Performance Guarantee (1 Additional Sale)

6.1 Offer: For first-time paid subscriptions, if you do not close at least one additional sale from a LightWork-sourced lead within your first 60 calendar days after activation, you may request a refund of subscription fees paid for that 60-day guarantee window.

6.2 Eligibility: To qualify, you must: (a) keep your account in good standing; (b) keep your LightWork lead capture live and active during the guarantee window; (c) respond to incoming LightWork leads in a commercially reasonable timeframe; and (d) submit your refund request within 14 days after the 60-day window ends.

6.3 Attribution and Proof: A “LightWork-sourced lead” means a lead submitted through LightWork forms, widgets, or tracking links. A “sale” means a paid, completed customer job. We may request reasonable documentation to verify lead source and sale completion.

6.4 Limits: Refunds are limited to subscription fees paid for the guarantee window, exclude taxes, third-party costs, and one-time services, and are limited to one claim per business account. This guarantee is void in cases of abuse, fraud, chargebacks, or material breach of this Agreement.

6.5 Exclusive Remedy: This guarantee section provides your sole and exclusive refund remedy for performance-related claims.

7. Limitation of Liability & Indemnification

TO THE FULLEST EXTENT PERMITTED BY LAW:

• LIABILITY CAP: LIGHTWORK'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
• INDEMNIFICATION: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LIGHTWORK FROM ANY CLAIMS, DAMAGES, OR LEGAL FEES ARISING FROM YOUR USE OF THE SERVICE, YOUR VIOLATION OF LAWS (INCLUDING TCPA/FAIR HOUSING), OR YOUR INTERACTIONS WITH CLIENTS.