Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and J316 Empowered, the operator of Overlay (the "Service"), available at j316takeoff.com and related domains. By creating an account, purchasing a takeoff, or otherwise using the Service, you agree to these Terms and to our Privacy Policy.

If you are using the Service on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to both you and the organization. If you do not agree to these Terms, do not use the Service.

Overlay reads construction plan sets (blueprints) that you upload, uses its Proprietary Adaptive Software — which includes third-party machine-learning models — to extract dimensions, openings, structural members and roof geometry, and applies a calculation engine to produce a material takeoff for framing, siding and/or roofing. You can review, edit and export the result and ask an assistant questions about it.

The Service produces estimates. It is a tool to accelerate the work of a qualified estimator, not a replacement for one.

Material takeoffs generated by the Service are automated estimates derived from the plans you provide and the settings you choose. Quantities, sizes, lengths, hardware and waste factors may be wrong, incomplete, or based on default assumptions where the plans were unclear. Items the Service could not verify from the plans are flagged for your review; unflagged items can also be wrong.

You are solely responsible for reviewing every takeoff, confirming it against the plans, applicable codes, the engineer of record and your supplier before purchasing materials, submitting a bid, or building. J316 Empowered is not an engineer, architect, or licensed contractor acting on your behalf, and nothing produced by the Service is a stamped, engineered or code-compliance document.

You agree that J316 Empowered is not liable for material shortages, overages, bid errors, delays, or construction defects that result from relying on a takeoff without independent verification.

You must be at least 18 years old and able to form a binding contract to use the Service. You agree to provide accurate account information and to keep your login credentials confidential. You are responsible for all activity under your account, including activity by team members you invite.

Notify us promptly at the contact address below if you believe your account has been accessed without authorization.

The Service is offered as one-off purchases (a single takeoff for a single trade or bundle of trades) and as monthly or annual subscriptions that include a set number of takeoffs per billing period, with additional takeoffs billed at the overage rate shown on the Pricing page at the time of use. Current prices, included quantities and seat limits are those published on the Pricing page when you purchase or renew.

One takeoff means one plan set processed for one trade. Running multiple trades on the same plan set counts as one takeoff per trade.

Subscriptions renew automatically at the end of each billing period until cancelled. You can cancel at any time from your account settings or by contacting us; cancellation takes effect at the end of the current period and unused included takeoffs do not roll over or convert to a refund. Payments are processed by Stripe; we do not store your card details.

Because takeoffs are generated and delivered immediately, purchases are generally non-refundable once a takeoff has been produced. If the Service fails to produce a takeoff for a plan set, you are not charged a takeoff credit for that attempt, and we will make it right if a charge was made in error.

We may change prices with at least 30 days' notice; changes apply at your next renewal.

You retain ownership of the plan sets, project information, corrections and other content you upload or create in the Service ("Your Content"). You grant J316 Empowered a limited license to store, process, transmit and display Your Content solely to provide, secure and improve the Service for you, including sending plan pages to our Proprietary Adaptive Software processing providers for extraction.

You represent that you have the right to upload the plans you submit and that doing so does not violate the rights of the architect, engineer, owner or any other party.

We use anonymized, aggregated information about how takeoffs are generated and corrected — never your identifiable plans, addresses or client names — to improve extraction accuracy. See the Privacy Policy for details.

You agree not to:

• upload content you do not have the right to use, or content that is unlawful, malicious or infringing;
• attempt to reverse-engineer, scrape, copy, or extract the extraction prompts, calculation logic, or other non-public parts of the Service;
• resell, sublicense or share your account or takeoff credits outside your organization, or use one account to serve multiple unrelated businesses;
• interfere with the Service, circumvent usage limits or security, or use automated means to access it except through an API we expressly provide;
• use the Service to build a competing takeoff product.

We may suspend or terminate accounts that violate these rules.

The Service — including its software, extraction methods, calculation engine, output formats, designs, text and trademarks — is owned by J316 Empowered and protected by intellectual property laws. These Terms do not grant you any rights in the Service other than the limited right to use it as described here. Takeoff documents you export are yours to use for your projects and bids.

We work to keep the Service available and accurate, but it is provided on an as-available basis. We may modify, add or remove features, and may suspend the Service for maintenance or for reasons beyond our control. We will give reasonable notice of material changes where practical.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL TAKEOFFS, EXTRACTIONS, CHAT RESPONSES AND OTHER OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. J316 EMPOWERED DOES NOT WARRANT THAT ANY TAKEOFF IS COMPLETE, CORRECT, OR SUITABLE FOR ORDERING MATERIALS OR SUBMITTING A BID.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, J316 EMPOWERED AND ITS OWNERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST BIDS, PROJECT DELAYS, MATERIAL COSTS, OR REWORK, ARISING FROM OR RELATED TO THE SERVICE OR ANY TAKEOFF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE DURING THAT PERIOD. Some jurisdictions do not allow certain limitations; in those places our liability is limited to the fullest extent the law allows.

You agree to defend and indemnify J316 Empowered against claims, damages and expenses (including reasonable attorneys' fees) arising from Your Content, your use of the Service, your reliance on a takeoff without verification, or your violation of these Terms or of any third party's rights.

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or if we discontinue the Service, in which case we will refund any prepaid fees for the unused portion of a subscription period unless the termination is for your breach. Sections that by their nature should survive (including Estimates, Your Content, IP, Disclaimer, Liability and Indemnification) survive termination.

These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-law rules. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Washington, and you consent to their jurisdiction. Before filing a claim, you agree to contact us and give us 30 days to try to resolve it.

We may update these Terms from time to time. When we make material changes we will post the new Terms here with a new "Last updated" date and, for significant changes, notify account holders by email. Continued use of the Service after a change takes effect means you accept the updated Terms.

Questions about these Terms: hello@j316takeoff.com. J316 Empowered, Washington State, USA.