Terms of Service

These Terms of Service ("Terms") are a legally binding agreement between you ("you", "User", or "Customer") and Overhead Measure ("Overhead Measure", "we", "us", or "our") governing your access to and use of overheadmeasure.com, related domains (including overheadmeasure.ca), and all associated websites, applications, APIs, demos, and services (collectively, the "Service").

By creating an account, starting a trial, completing a purchase, clicking "I agree," or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of a company, partnership, or other entity, you represent that you have authority to bind that entity, and "you" includes that entity.

1. Important summary (not a substitute for the full Terms)

• Measurements and AI estimates are approximations only — not surveys, appraisals, engineering certifications, or legal property descriptions.
• You are solely responsible for verifying any result before quoting a customer, signing a contract, ordering materials, or making any business decision.
• To the maximum extent permitted by law, our total liability is capped at the fees you paid us in the twelve (12) months before the claim.
• Paid plans renew automatically until you cancel. Cancel before the trial ends to avoid being charged.

2. Eligibility and accounts

2.1 Age and capacity

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and able to form a binding contract to use the Service. The Service is intended for business and professional use (for example, outdoor service contractors). You may not use the Service if you are barred from doing so under applicable law.

2.2 Account registration

You must provide accurate, current information when creating an account and keep it updated. Authentication is provided by Clerk. You are responsible for safeguarding your login credentials and for all activity under your account, whether or not authorized by you. Notify us immediately at generalinbox@overheadmeasure.com of any suspected unauthorized access.

2.3 One account; shared credentials

You may not share login credentials in a way that circumvents plan limits, quotas, or security controls. We may suspend accounts that appear compromised or abused.

3. Description of the Service

Overhead Measure provides tools to estimate outdoor surface areas (such as lawn, driveway, pool, roof, and similar surfaces) from satellite and/or aerial imagery using: (a) manual drawing tools (including outline, polygon, freehand, erase, pan, and edit features); and (b) optional AI-assisted auto-detect features. The Service may also include account dashboards, saved measurements, exports, tutorials, and related content.

We may modify, suspend, or discontinue any feature of the Service at any time, with or without notice, including for maintenance, security, legal compliance, or product evolution. We have no obligation to provide any particular feature indefinitely.

4. Estimates, accuracy, and professional disclaimer (critical)

4.1 Estimates only — not a survey or professional service

ALL MEASUREMENTS, AREA FIGURES, AI DETECTIONS, OVERLAYS, EXPORTS, AND RELATED OUTPUTS ARE ESTIMATES ONLY. They are provided for informational, planning, quoting, and educational purposes. They are not a licensed land survey, appraisal, title opinion, engineering certification, architectural drawing, insurance valuation, or substitute for on-site inspection. Nothing in the Service creates a professional-client relationship (surveyor, engineer, architect, appraiser, attorney, or otherwise).

4.2 Inherent limitations

Without limiting Section 4.1, results may be inaccurate or incomplete because of factors including, but not limited to:

• Outdated, low-resolution, cloudy, shadowed, seasonal, or otherwise imperfect third-party satellite/aerial imagery
• Perspective distortion, terrain slope, building overhangs, tree canopy, vehicles, snow, shadows, and other occlusion
• Geocoding/address resolution errors and map projection/scale approximations
• User drawing error, incomplete polygons, incorrect tool use, or incorrect surface-type selection
• AI model limitations, false positives/negatives, and imperfect segmentation — AI estimates are not perfect and will sometimes be wrong
• Unit conversion, rounding, and display formatting
• Temporary outages, caching, rate limits, or third-party API changes

4.3 Your verification duty

You alone are responsible for independently verifying any estimate before relying on it for quotes, contracts, material orders, invoices, bids, insurance claims, legal filings, construction, or any other purpose. You assume all risk arising from use of or reliance on any output of the Service.

4.4 No guarantee of fitness for a particular job

We do not warrant that any estimate will meet a particular accuracy threshold, customer expectation, regulatory requirement, or contractual specification. If you need certified measurements, hire a licensed professional in the relevant jurisdiction.

5. Plans, trials, billing, cancellation, and refunds

5.1 Free access

Free accounts may preview certain manual tools. Measured area unlock, save, export, AI auto-detect, and other Pro features require a Pro subscription (including an active trial where applicable). Feature availability and quotas are described on the Pricing page and may change.

5.2 Trials

Where offered, the monthly Pro plan may include a free trial period (currently seven (7) days) that requires a payment method up front. Unless you cancel before the trial ends, Stripe will automatically charge the then-current subscription price and convert you to a paid subscription. Trial AI quotas are a one-shot allowance for the trial period and do not necessarily refill mid-trial.

5.3 Paid subscriptions

Paid subscriptions are billed in advance on a recurring basis (monthly or annually, depending on the plan you select) through Stripe. Subscriptions renew automatically until canceled. Prices, taxes, and plan details are shown at checkout and on the Pricing page. Applicable sales tax/VAT may be collected via Stripe Tax based on your location and our tax settings.

5.4 Cancellation

You may cancel at any time from the Billing page (or Stripe Customer Portal). Cancellation generally takes effect at the end of the then- current billing period (or immediately ends a trial if canceled during the trial). You retain Pro access until the end of the paid period when cancel-at-period-end is used, unless we terminate earlier for cause.

5.5 Refunds

Except where required by applicable law or expressly stated by us in writing: (a) fees are non-refundable; (b) we do not provide prorated refunds for unused time, unused AI quota, or partial periods; and (c) chargebacks initiated without first contacting us may result in account suspension pending investigation. If you believe you were charged in error, contact generalinbox@overheadmeasure.com promptly and we will review in good faith.

5.6 Failed payments

If a renewal payment fails, Stripe may retry according to its schedule. Your account may be marked past due while retries continue. We may suspend or downgrade access if payment ultimately fails or the subscription is canceled.

5.7 Price changes

We may change prices prospectively. Material price changes will be communicated by updating the Pricing page and/or email notice where required. Continued use after the effective date of a change constitutes acceptance of the new price for subsequent renewal periods.

5.8 Quotas and fair use

AI auto-detect and other metered features are subject to plan quotas and rate limits. Quotas are not a guarantee of uninterrupted availability. Circumventing quotas (including via multiple accounts) is a material breach of these Terms.

6. Acceptable use

You agree not to, and not to permit others to:

• Violate any law, regulation, or third-party right
• Use the Service for fraud, stalking, harassment, or unauthorized surveillance of individuals
• Attempt to reverse engineer, scrape, crawl, bulk-download, mirror, or resell map tiles, imagery, geocoding results, AI outputs, or other Service content except as expressly allowed by your plan for ordinary business use of your own measurements
• Circumvent authentication, paywalls, quotas, rate limits, or security controls
• Probe, scan, or test the vulnerability of the Service, or interfere with its integrity or performance (except with our prior written consent for a coordinated security test)
• Upload malware or content that is illegal, defamatory, or infringing
• Misrepresent estimates as certified surveys or as coming from a licensed professional when they are not
• Use the Service in a way that violates Google Maps Platform, Replicate, Clerk, Stripe, or other provider terms that apply to data you receive through us

We may investigate violations and suspend or terminate access immediately for suspected abuse.

7. Intellectual property and licenses

7.1 Our IP

The Service, including software, UI, branding, documentation, tutorials, and demo content, is owned by Overhead Measure and its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted below, no rights are transferred to you.

7.2 License to you

Subject to these Terms and your plan, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

7.3 Your content

You retain ownership of measurement shapes, notes, and other content you create ("User Content"). You grant us a worldwide, non-exclusive license to host, process, transmit, display, and back up User Content solely as needed to operate, secure, and improve the Service (including debugging and abuse prevention). You represent that you have the rights necessary to submit User Content and that doing so does not violate law or third-party rights.

7.4 Feedback

If you provide feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.

8. Third-party services and imagery

The Service depends on third parties, including without limitation: Clerk (authentication), Stripe (payments), Vercel (hosting), our database provider, Google Maps Platform (imagery/tiles and related services), geocoding providers, and Replicate or similar providers for AI detection. Their availability, accuracy, pricing, and terms are outside our control. Outages, imagery gaps, geocoding misses, or model errors originating from third parties do not constitute a breach by us, and we disclaim liability arising from them to the maximum extent permitted by law.

Map imagery and related data remain subject to the applicable provider's terms. You may not cache, store, or redistribute tile imagery in violation of those terms.

9. Privacy and data deletion

Our collection and use of personal information is described in our Privacy Policy, which includes our account and data deletion practices. Deleting your Clerk account is intended to delete your workspace and saved measurements from our application database (subject to limited retention for legal, tax, fraud, and accounting purposes as described in the Privacy Policy).

10. Accessibility

We aim to make the Service reasonably usable, but interactive map and drawing tools have inherent accessibility limitations. See our Accessibility Statement for details, known limitations, and how to request assistance.

11. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, OR UNINTERRUPTED/ERROR-FREE OPERATION.

WE DO NOT WARRANT THAT MEASUREMENTS OR AI OUTPUTS WILL BE ACCURATE, THAT IMAGERY WILL BE CURRENT, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR BUSINESS RESULT.

Some jurisdictions do not allow exclusion of certain warranties; in those jurisdictions, the above exclusions apply to the fullest extent permitted.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OVERHEAD MEASURE, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR COST OF SUBSTITUTE SERVICES; ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100) IF YOU HAVE NOT PAID US ANY FEES.

THE LIMITATIONS IN THIS SECTION APPLY TO CLAIMS BASED ON ALLEGEDLY INACCURATE MEASUREMENTS OR AI ESTIMATES. YOU ACKNOWLEDGE THAT THE FEES CHARGED REFLECT THIS ALLOCATION OF RISK.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (for example, certain liabilities for fraud or personal injury caused by negligence, where such exclusion is prohibited).

13. Indemnification

You will defend, indemnify, and hold harmless Overhead Measure and its owners, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service or reliance on any estimate/output; (b) your User Content; (c) your breach of these Terms; (d) your violation of law or third-party rights; or (e) any quote, contract, job, or dispute between you and your customers or other third parties.

14. Suspension and termination

We may suspend or terminate your access immediately if you breach these Terms, if required by law, to protect the Service or other users, or if your subscription ends. You may stop using the Service at any time and may delete your account as described in the Privacy Policy. Upon termination, your license ends; Sections that by their nature should survive (including 4, 7, 11–13, 15–19) will survive.

15. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Subject to any mandatory consumer protections that cannot be waived, the courts of Ontario located in Toronto, Ontario, Canada will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction there.

Before filing a formal claim, you agree to first contact us at generalinbox@overheadmeasure.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

TO THE EXTENT PERMITTED BY LAW, YOU AND OVERHEAD MEASURE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING AGAINST THE OTHER. CLAIMS MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

16. Export, sanctions, and compliance

You may not use the Service if you are located in a jurisdiction subject to comprehensive Canadian or other applicable sanctions, or if you are a denied/restricted party under applicable trade laws. You are responsible for compliance with laws that apply to your business use of estimates (including consumer protection, advertising, and professional licensing rules in your industry and location).

17. Force majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, internet or cloud-provider outages, power failures, government actions, or third-party API failures.

18. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top will change when we do. Material changes may also be communicated by email or in-product notice. Continued use after changes become effective constitutes acceptance. If you do not agree, stop using the Service and cancel any subscription.

19. Miscellaneous

1. Entire agreement. These Terms, together with the Privacy Policy and any plan-specific checkout terms, are the entire agreement between you and us regarding the Service and supersede prior agreements on that subject.
2. Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
3. Waiver. Failure to enforce a provision is not a waiver of the right to do so later.
4. Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, sale, or reorganization.
5. No third-party beneficiaries. Except as expressly stated, these Terms do not create rights for third parties.
6. Notices. We may notify you via the Service, the email on your account, or by posting to the website. You may notify us at generalinbox@overheadmeasure.com.
7. Language. These Terms are in English. Any translation is for convenience only; the English version controls to the extent permitted by law.
8. Headings. Headings are for convenience only and do not affect interpretation.

20. Contact

Questions about these Terms? Contact Overhead Measure at generalinbox@overheadmeasure.com.

Related documents: Privacy Policy · Accessibility Statement.

These Terms are provided to clearly set expectations and allocate risk for a software estimate tool. They are not a substitute for advice from a lawyer licensed in your jurisdiction. Consider having counsel review them for your specific corporate structure and markets.