Disclaimers and Limitation of Liability
What changed: non-material update: Section 6 states the liability floor adopted in Terms 0.4.
DRAFT for attorney review. Not legal advice, and not a statement of compliance.
This document gathers every disclaimer the Service relies on in one place and explains each. For Contractors, the operative text is Sections 12 and 13 of the Terms of Service; if this document and the Terms differ, the Terms govern. For Homeowners, who have no contract with us, the operative text is the wording shown inside the estimator itself, which is quoted verbatim in Section 1. Section 9 lists the limitations that commonly do not work against consumers in the EU and the UK, so that nobody relies on them there.
1. An estimate is not a quote
EdgeQuote calculates a price range by arithmetic from two inputs: the Contractor's own published price sheet, and the answers a Homeowner gives. Nobody visits the property, no photograph is analysed, no professional judgment is applied, and the range is not a decision about anyone. It is an indicative figure so that a Homeowner can decide whether to talk to the Contractor.
The estimator says this to every Homeowner, in the language they are using, at three points:
| Where | English | French |
|---|---|---|
| Before the questions | "Rough numbers are fine — this is a ballpark, not a quote." | "Des chiffres approximatifs suffisent — c'est une fourchette, pas un devis." |
| Under the result | "This is a ballpark range based on your answers, not a quote." | "Il s'agit d'une fourchette indicative basée sur vos réponses, pas d'un devis." |
| What happens next | "[Business] has your details and will reach out to schedule a free on-site visit and give you a firm quote." | "[Business] a vos coordonnées et vous contactera pour fixer une visite gratuite et établir un devis ferme." |
The copy of the estimate emailed to the Homeowner repeats that it is a "ballpark range". The firm quote, if there is one, comes from the Contractor after inspecting the job, on the Contractor's own terms. EdgeQuote is not a party to that quote or to the job, does not vouch for the Contractor, does not verify the Contractor's licence or insurance, and receives no part of the price.
The numbers are the Contractor's. Every rate, option price and multiplier comes from the Contractor's price sheet, which the Contractor alone controls and may change at any time. A range that is too low, too high, or out of date is the Contractor's responsibility (Terms, Sections 9 and 14). We do not warrant that any estimate is accurate, achievable, or profitable (Terms, Section 12).
2. The financing line is illustrative and is not an offer of credit
A Contractor may switch on an optional line under the range reading "or from ~$X/mo" (French: "ou à partir de ~X €/mois"), calculated from an APR and a term in months that the Contractor enters. When it is shown, it is always accompanied by: "Illustrative only, based on [N] months at [X]% APR. Subject to credit approval; not a lending offer." (French: "À titre indicatif, sur [N] mois à [X] % TAEG. Sous réserve d'approbation de crédit ; ceci n'est pas une offre de prêt.").
EdgeQuote is not a lender, a loan broker, or a credit intermediary and has no relationship with any lender. The figure is an arithmetic illustration of what a loan on those terms would cost per month; no loan is offered, arranged, or applied for through the Service. Whether the Contractor is permitted to display a monthly payment figure, and what further disclosures it must carry, is the Contractor's responsibility. See NOTES FOR YOUR LAWYER, note 3, which explains why this feature carries the most regulatory weight of anything on the estimate.
3. No professional advice
Nothing on the Service is professional advice, and it is not a substitute for it. In particular:
- Construction, building and trade advice. The estimator is not a survey, an inspection, a structural assessment, or a permit or building-code check. It does not know what is behind a wall, whether a roof deck is rotten, or what the local code requires. Any decision to proceed with work should rest on the Contractor's on-site assessment and, where appropriate, a licensed engineer, architect, or inspector.
- Financial and credit advice. The financing line in Section 2 is not advice about whether to borrow, from whom, or on what terms.
- Legal advice. The documents published under
/legalare our own terms and notices. They are not advice to Contractors about their own obligations (licensing, consumer contracts, telephone and messaging consent, their own privacy notices), and Contractors should take their own advice on those. - Tax advice. Nothing on the Service is advice about the tax treatment of a job, a subscription, or a Contractor's business.
Health, medical, fitness, dietary, and investment advice are not given anywhere on the Service and no disclaimer for them is needed.
4. Results and outcomes
The Service is a tool. Whether a Homeowner becomes a customer depends on the Contractor's prices, response time, reputation, and market, none of which we control. Statements on our marketing pages such as "Give every visitor a price. Get every one as a lead." describe what the product is designed to do, not a result we promise; the sample lead shown on those pages ("Sarah M.", a roofing estimate, a 555 telephone number) is illustrative and fictitious, not a real customer. We make no promise of any number of leads, any conversion rate, any revenue, or any return on the subscription fee, and any figure a Contractor sees in their own dashboard is their own data, not a forecast. If a testimonial, case study, or performance figure is ever added to our marketing, the Marketing Compliance Playbook governs what must accompany it.
5. "As is", "as available", and no warranty
The Service is provided as is and as available. To the fullest extent the law allows, we disclaim all warranties not expressly stated in the Terms, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade (Terms, Section 12; Nevada Uniform Commercial Code, NRS 104.2316, permits such a disclaimer where it is conspicuous, which is why it is in bold and capitals in the Terms where required).
Specifically, we do not warrant that:
- the Service will be uninterrupted, timely, secure, or error-free, or that we will fix every defect;
- any estimate, price sheet, or calculation is accurate or fit for the Contractor's purpose;
- an email or text message will be delivered, since delivery depends on third-party carriers and on the recipient's own systems;
- a webhook destination the Contractor connects will accept, store, or act on what we send it; or
- the Service will meet any requirement of a Contractor's own trade, licence, or customers.
There is no service-level agreement. We aim for high availability and we tell Contractors about planned maintenance, but no uptime figure is promised (see Terms, NOTES FOR YOUR LAWYER, note 9, for the offer we would consider safe).
6. Limitation of liability
Between EdgeQuote and a Contractor, liability is limited as set out in Terms Section 13, which in summary:
- excludes indirect, incidental, special, consequential and punitive damages, lost profits, lost revenue, lost business, lost goodwill, and lost or mispriced jobs, whether or not foreseeable; and
- caps our total aggregate liability at the greater of the fees paid in the 12 months before the event or a fixed floor of USD 500, and the cap is mutual, with the Contractor's payment obligation and indemnity outside it
[proposed default adopted 2026-09-07; attorney to confirm].
The cap and exclusions do not apply to liability that the law does not allow to be limited. Under Nevada law and generally, that includes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, and for gross negligence or wilful misconduct; and it includes rights that a consumer-protection or data-protection statute makes non-waivable. The Data Processing Addendum Section 12 governs whether data-protection liability sits inside or outside the cap, which is a placeholder awaiting a decision.
The rationale, for the lawyer's benefit: EdgeQuote's fee is small and fixed, whereas a mispriced roof can cost tens of thousands. Without an exclusion of lost-job damages, a Contractor could shift the whole risk of their own price sheet on to a subscription that costs less than one hour of their time. Nevada courts enforce limitation and exclusion clauses between businesses when they are clear and not against public policy, which is why the clause is short, bold, and reciprocal.
7. Third-party websites, content and services
- Contractors' websites. The estimator is embedded on websites we do not control. Everything on that page other than the estimator frame, including its cookies, its privacy notice, and its accessibility, is the Contractor's.
- Webhook destinations. Anything a Contractor connects (a CRM, an automation service, a spreadsheet) is that provider's service under that provider's terms. We verify only that the destination is a public HTTPS address.
- Links. Links in our emails and pages to other sites are provided for convenience. We do not endorse them and are not responsible for their content or their handling of data.
- Stripe (when billing launches) processes payment under its own terms; card data goes to Stripe, not to us.
- Sub-processors (Vercel, Neon, Resend, Twilio, Cloudflare) supply infrastructure; our responsibility for them toward Contractors is set out in the DPA, not disclaimed here.
8. Accuracy of content, and user-supplied content
We try to keep our own pages accurate and current, but we do not warrant that they are complete or error-free, and we may change them without notice. Content supplied by Contractors (price sheets, business names, logos, question wording, notes on leads) and by Homeowners (answers, photographs) is theirs, not ours; we do not review it for accuracy and we are not responsible for it, subject to the Copyright and User Content Policy.
9. What does not work against consumers in the EU and the UK — do not rely on it there
The Terms are business-to-business, and every Contractor confirms that at signup. If a Contractor is nonetheless a consumer under the law of an EEA country or the UK, or if a court treats a Homeowner as having any contractual relationship with us, the following limitations in this document and the Terms are commonly unenforceable and should not be relied on:
| Limitation | Why it is likely to fail against a consumer |
|---|---|
| Blanket "as is" disclaimer of implied terms | UK Consumer Rights Act 2015 ss. 31 and 57 make the statutory conformity terms for digital content and services non-excludable. In France, the conformity guarantee for digital services (Code de la consommation art. L224-25-12 et seq., implementing Directive 2019/770) cannot be excluded, and a clause excluding liability for non-performance is on the black list of presumptively abusive clauses (art. R212-1 6°). The EU Unfair Contract Terms Directive 93/13, Annex 1(b), points the same way. |
| Exclusion of all consequential loss | Enforceable only where reasonable and transparent; a total exclusion for a paid service usually fails under the CRA 2015 s. 62 and Directive 93/13 Art. 3. |
| Liability cap at fees paid | Same test; a cap below the value of a consumer's foreseeable loss is frequently struck down. |
| Shortened claims period (Terms, Section 17: one year) | Non-excludable limitation periods apply to consumers; CRA s. 31; France art. L218-2 sets two years for actions by professionals against consumers, and consumer actions run for the general five years. |
| Unilateral changes to the Terms without a right to exit | Directive 93/13 Annex 1(j) and (k); the Terms give notice and a right to cancel, which is what saves the clause, so keep that. |
| Nevada law and arbitration | Directive 93/13 Annex 1(q) and Rome I Art. 6(2): a consumer keeps the protection of the mandatory rules of their home country, and pre-dispute arbitration clauses against consumers are unenforceable in the UK below a threshold (Arbitration Act 1996 s. 91) and treated as unfair in most of the EU. Terms Section 15 already carves mandatory law out; that carve-out is what must be kept. |
| Indemnity from the customer (Terms, Section 14) | Presumptively unfair against a consumer. It is drafted for businesses only. |
None of this affects Contractors who are what the Terms say they are: businesses. It is listed so that if the status of any customer is ever in doubt, nobody claims a protection the law would not give.
10. Homeowners are not bound by the Terms
A Homeowner who uses an estimator does not sign anything and does not accept our Terms; the only thing they agree to is the one-sentence contact permission shown before they submit, which is a permission given to the Contractor. The disclaimers in Section 1 therefore work as information that shapes what a reasonable person would expect, not as contractual exclusions. That is deliberate and it is enough for their purpose: no reasonable Homeowner who has been told three times that the range is "not a quote" can claim they were promised a price.
NOTES FOR YOUR LAWYER
- Conspicuousness. Nevada's UCC (NRS 104.2316) and general contract law require a warranty disclaimer to be conspicuous. The Terms use bold; confirm whether you want capitals for the "as is" clause, which is the traditional belt-and-braces form.
- Floor amount in the cap is a placeholder with a proposed default. Confirm the number and whether it should be a mutual cap.
- The financing line is the highest-risk element on the estimate. Under the US Truth in Lending Act and Regulation Z, §1026.24, an advertisement that states a monthly payment amount is a "triggering term" and must also state the terms of repayment and the annual percentage rate; the product's fixed disclaimer already states the term in months and the APR, and no down payment is implied, so the mandatory content appears to be present. But (a) Regulation Z applies to whoever places the advertisement, which is the Contractor; (b) the APR shown must be the one actually available from the Contractor's lender, which we cannot verify; and (c) in France, credit advertising must carry the statutory mention "Un crédit vous engage et doit être remboursé. Vérifiez vos capacités de remboursement avant de vous engager." (Code de la consommation art. L312-5) and a representative example, and only an authorised credit intermediary (IOBSP) may arrange credit. The French note as shipped does not carry the L312-5 sentence. Proposed fix, applied in this run: add the L312-5 sentence to the French financing note, and add a note in the Contractor's settings that the feature is their advertisement of credit terms and must match their lender's real offer. Confirm whether the feature should instead be disabled for French-locale estimators until a Contractor confirms they are an IOBSP or work with one.
- "Give every visitor a price. Get every one as a lead." is characterised in Section 4 as a description of design, not a results claim, and the sample lead is labelled fictitious here. The FTC's Endorsement Guides and its 2024 rule on fake reviews and testimonials (16 CFR Part 465) do not bite on a fictional illustration that is not presented as a real customer, but a reader could take "Sarah M." for one. Consider a visible "sample" label on the landing page. The Marketing Compliance Playbook proposes it.
- Section 9 is a candid list of what fails against consumers. It is included on purpose so that the business never asserts those clauses against an EU or UK consumer. Confirm you are comfortable publishing it; the alternative is to keep it as an internal note.
- Homeowner position (Section 10). Confirm that a non-contractual disclaimer shown three times is a sufficient answer to a misrepresentation or negligent-misstatement claim by a Homeowner in Nevada and in France, given that the range is computed from figures the Contractor, not we, chose.
- Nothing here excludes liability for data protection. That is governed by the DPA and its placeholder in Section 12. Decide inside-or-outside-the-cap there, then reflect it in Terms Section 13.
WHAT THIS DOES NOT COVER
- The Contractor's own disclaimers toward Homeowners in their quotes and contracts.
- Liability between a Contractor and a Homeowner for the job itself.
- Product liability for any physical goods; EdgeQuote sells none.
- Any jurisdiction outside the US, the EEA and the UK.
- Liability for the BTE studio website, which is a separate property with its own terms.