These Terms of Service (“Terms”) govern your access to and use of the Estima8 website at estima8.ai and Estima8’s AI-powered print estimating, quoting, proofing, integration, software, demonstration, widget, and related services (collectively, the “Services”).
The Services are provided by Estima8(“Estima8,” “we,” “us,” or “our”).
By accessing or using the Services, submitting information through Estima8, requesting an estimate, creating or using an account, or otherwise interacting with the Services, you agree to these Terms.
If you do not agree to these Terms, do not use the Services.
1. The Estima8 Service
Estima8 provides AI-assisted technology designed to help print businesses, their personnel, and their customers collect print-job specifications, interpret print requests, prepare estimates, generate or assist with proofs, and manage related estimating workflows.
Depending on the Services being used, Estima8 may:
- interpret natural-language print requests;
- ask questions needed to clarify print specifications;
- process artwork, documents, images, and other uploaded files;
- structure job specifications;
- calculate or retrieve estimated pricing;
- generate or assist with digital proofs;
- transfer job information to authorized estimating or print-management systems;
- integrate with platforms such as PrintSmith Vision; and
- assist customer service representatives and other authorized personnel in preparing or reviewing estimates.
Estima8 provides estimating and workflow technology. Unless Estima8 expressly agrees otherwise in writing, Estima8 is not the print provider that manufactures, sells, delivers, or fulfills the print products quoted through the Services.
2. Eligibility
You must be at least 18 years old and capable of entering into a legally binding agreement to use the Services.
The Services are intended primarily for businesses, print professionals, and persons seeking legitimate print-related products or services.
If you use the Services on behalf of a business or organization, you represent that you have authority to accept these Terms on its behalf.
3. Artificial Intelligence and Automated Processing
Estima8 uses artificial intelligence, automation, rules-based systems, integrations, and other technologies to interpret information and assist with estimating and related workflows.
AI-generated or automatically generated information may contain errors or may misunderstand incomplete, ambiguous, or inaccurate information provided by a user.
Estima8 does not guarantee that an AI-generated response, estimate, specification, recommendation, proof, classification, or other output will be complete, accurate, or appropriate for every project.
Users should review important job specifications and outputs before relying on them.
Print businesses using Estima8 remain responsible for applying appropriate human review and their own professional judgment before approving production, communicating final pricing, or accepting a customer order.
4. Estimates Are Non-Binding Unless Confirmed
Unless expressly stated otherwise by the applicable print provider, estimates produced through Estima8 are preliminary and non-binding.
An automated estimate does not, by itself, create an agreement to produce goods or services.
Final pricing may differ based on information including:
quantity, dimensions, materials, substrates, printing method, color requirements, finishing, setup, artwork quality, proofing requirements, shipping, delivery, taxes, rush requirements, production capacity, equipment requirements, third-party costs, or specifications that were incomplete, inaccurate, or subsequently changed.
Where Estima8 is used by or on behalf of a participating print provider, the print provider is responsible for confirming final pricing and accepting the order.
A binding print transaction is created only when the applicable print provider accepts the order under its applicable ordering procedures.
5. Print Provider Responsibilities
A print provider using Estima8 remains responsible for its own:
- pricing and pricing policies;
- products and services;
- customer communications;
- production specifications;
- proof approvals;
- taxes and applicable fees;
- order acceptance;
- production;
- quality control;
- turnaround commitments;
- shipping and delivery;
- cancellation or refund policies; and
- compliance with laws applicable to its business.
Estima8 is not responsible for a participating print provider’s production quality, delivery, customer service, final pricing decisions, fulfillment, or other performance.
6. Digital Proofs
Estima8 may generate, display, transmit, or assist in producing digital proofs.
A digital proof is intended to assist with review and may not exactly represent the final physical product.
Differences may occur due to screen calibration, color profiles, printing processes, substrates, materials, inks, finishing processes, image resolution, production equipment, or other technical factors.
Before production, the applicable user and print provider are responsible for reviewing and approving relevant details, including artwork, dimensions, quantity, spelling, layout, colors, material, finishing, and other job specifications.
7. Accounts and Account Security
Certain Services may require an account.
You are responsible for maintaining the confidentiality of your login credentials and for activity occurring through your account.
You must provide accurate account information and keep relevant information reasonably current.
You must promptly notify Estima8 if you reasonably believe your account or credentials have been compromised.
You may not attempt to bypass user, role, seat, authentication, usage, rate, security, or access restrictions.
Estima8 may implement security controls, usage limits, rate limits, authentication requirements, file restrictions, session limits, or other safeguards reasonably designed to protect the Services and their users.
8. Information and Files Submitted to Estima8
You may submit information including messages, customer requirements, print specifications, files, artwork, images, logos, documents, PDFs, and other materials (“Customer Content”).
As between you and Estima8, you retain ownership of Customer Content that you own.
You grant Estima8 a limited, non-exclusive license to host, copy, transmit, process, transform, analyze, display, and otherwise use Customer Content to the extent reasonably necessary to:
- provide the Services;
- generate requested estimates or outputs;
- perform authorized integrations;
- maintain and secure the Services;
- detect and resolve technical issues;
- provide customer support; and
- perform other processing described in the Privacy Policy or an applicable written agreement.
You represent that you have the rights and permissions necessary to submit Customer Content and permit its processing through Estima8.
9. Sensitive Information
Do not submit information that is unnecessary for the applicable print or estimating workflow.
Unless Estima8 expressly supports such information for a specific purpose, users should not submit Social Security numbers, financial-account passwords, complete payment-card credentials, government identification numbers, medical records, authentication secrets, or other highly sensitive personal information unrelated to a print request.
10. Customer Content and AI Model Training
Estima8 may use service telemetry, operational information, user feedback, and aggregated or de-identified information to maintain, secure, evaluate, and improve the Services.
Estima8 will not use identifiable Customer Content to train a generalized public AI model for unrelated purposes unless Estima8 has obtained appropriate authorization to do so.
Third-party technology providers may process Customer Content on Estima8’s behalf where reasonably necessary to provide the Services, subject to applicable contractual and legal requirements.
Additional information about data processing is provided in the Estima8 Privacy Policy.
11. Acceptable Use
You may not use or attempt to use Estima8 to:
- violate applicable law;
- commit or facilitate fraud;
- infringe intellectual-property, privacy, confidentiality, or other rights;
- submit malware, harmful code, or intentionally malicious files;
- gain unauthorized access to any account, server, system, model, integration, or network;
- circumvent security, authentication, rate, or usage restrictions;
- probe or test systems without authorization;
- materially interfere with or disrupt the Services;
- misrepresent your identity or authority;
- extract proprietary software, source code, prompts, models, algorithms, configurations, pricing logic, or system architecture except to the extent such restriction is prohibited by applicable law;
- automatically scrape the Services without permission; or
- use the Services in a manner that creates unreasonable security, operational, legal, or infrastructure risk.
Estima8 may restrict or suspend activity reasonably believed to violate this section.
12. Third-Party Services
The Services may rely on or integrate with third-party software and infrastructure, including print-management systems, cloud services, artificial-intelligence providers, communications providers, storage providers, analytics services, and other technology providers.
Third-party products and services may be governed by separate terms and privacy policies.
Estima8 does not control the operation of independent third-party services and cannot guarantee their continued availability or performance.
13. PrintSmith Vision and Other Integrations
Estima8 may integrate with PrintSmith Vision and other authorized print-management, estimating, or business systems.
An integration may transmit information such as job specifications, customer information, pricing information, estimates, product information, or related workflow data between Estima8 and the applicable third-party system.
The business authorizing an integration is responsible for maintaining any permissions, licenses, accounts, credentials, and authority required to use that third-party system.
Reference to a third-party platform does not imply ownership, sponsorship, partnership, or endorsement unless expressly stated.
14. Demonstration, Beta, and Evaluation Features
Certain Services may be identified as demonstrations, previews, pilot features, beta functionality, or evaluation environments.
These features may be modified, limited, or discontinued and may not provide the same functionality or reliability as generally available production Services.
Demonstration estimates and outputs should not be treated as final production commitments unless expressly confirmed by an authorized print provider.
15. Fees and Commercial Agreements
Certain Services may be provided under subscriptions, pilots, statements of work, order forms, enterprise agreements, or other commercial arrangements.
Those agreements may establish additional terms relating to fees, payment, usage, service levels, data processing, support, renewal, cancellation, and other matters.
If an executed written agreement between Estima8 and a customer conflicts with these Terms, the executed agreement controls to the extent of that conflict.
16. Intellectual Property
Estima8 and its licensors retain all rights, title, and interest in and to the Services and related technology, software, interfaces, workflows, designs, documentation, models, configurations, branding, and other proprietary materials.
These Terms provide a limited right to use the Services. They do not transfer ownership of Estima8 intellectual property.
Estima8’s name, logos, branding, and product identifiers may not be used in a manner suggesting authorization, affiliation, or endorsement without permission.
17. Feedback
If you voluntarily provide ideas, recommendations, suggestions, or product feedback concerning Estima8, you permit Estima8 to use that feedback to develop and improve its products and services without compensation or restriction.
This provision does not transfer ownership of your Customer Content or confidential business information.
18. Privacy
Estima8’s processing of personal information is described in the Estima8 Privacy Policy.
Where a print provider or other business uses Estima8 to process personal information on its behalf, that business may have independent legal responsibilities concerning such information.
Additional data-processing terms may apply under an agreement between Estima8 and a business customer.
19. Availability
Estima8 aims to provide reliable Services but does not guarantee uninterrupted availability.
Availability may be affected by maintenance, software updates, third-party services, infrastructure failures, internet connectivity, security incidents, integrations, or circumstances outside Estima8’s reasonable control.
20. Modification of the Services
Estima8 may modify, update, improve, replace, add, limit, or discontinue features from time to time.
Where a material change affects a paid customer’s contracted Services, applicable commercial agreements will govern.
21. Suspension and Termination
Estima8 may suspend or terminate access where reasonably necessary because of:
- a material violation of these Terms;
- fraudulent or unlawful activity;
- a security threat;
- unauthorized access;
- material harm to the Services or another user;
- non-payment of applicable amounts; or
- a legal or regulatory requirement.
Customers may terminate paid Services in accordance with their applicable commercial agreement.
22. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
ESTIMA8 DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
ESTIMA8 DOES NOT WARRANT THAT THE SERVICES OR ANY AI-GENERATED OUTPUT, ESTIMATE, PRICE, PROOF, SPECIFICATION, INTEGRATION, OR OTHER RESULT WILL ALWAYS BE ACCURATE, COMPLETE, AVAILABLE, SECURE, UNINTERRUPTED, OR ERROR-FREE.
NOTHING IN THESE TERMS EXCLUDES ANY WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED.
23. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESTIMA8 AND ITS OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA ARISING FROM OR RELATING TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESTIMA8’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF:
- (a) amounts paid by the applicable customer to Estima8 for the affected Services during the twelve months preceding the event giving rise to the claim; or
- (b) $100 where no fees were paid.
These limitations apply regardless of the legal theory of liability and even if a remedy fails of its essential purpose, except where such limitations are prohibited by law.
24. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Estima8 and its officers, employees, affiliates, and representatives from third-party claims, damages, liabilities, losses, judgments, and reasonable costs arising from:
- your unlawful use of the Services;
- Customer Content submitted by you;
- your material violation of these Terms;
- your infringement or violation of another person’s rights; or
- if you are a print provider, products or services you manufacture, sell, fulfill, or deliver.
25. Governing Law and Venue
These Terms will be governed by the laws of the State of California, without regard to conflict-of-law principles.
Unless an applicable written agreement provides otherwise, any legal proceeding relating to these Terms will be brought in the state or federal courts having jurisdiction in San Francisco County, California, and the parties consent to the jurisdiction and venue of those courts.
This provision does not prevent either party from seeking appropriate injunctive or equitable relief.
26. Changes to These Terms
Estima8 may update these Terms periodically.
The “Last Updated” date will identify the most recent revision.
Where required by applicable law or appropriate because of a material change, Estima8 may provide additional notice.
Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.
27. General
If a provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
A failure by Estima8 to enforce a provision does not waive its right to enforce that provision later.
You may not assign these Terms without Estima8’s prior written consent except as permitted by applicable law.
Estima8 may assign its rights and obligations in connection with a merger, acquisition, corporate restructuring, financing, or sale of all or substantially all relevant assets.
These Terms, the Privacy Policy, and any applicable written commercial agreement constitute the applicable agreement governing use of the Services.
28. Contact
Questions regarding these Terms may be sent to:
Estima8
Email: support@estima8.ai
Mailing Address: [ESTIMA8 BUSINESS ADDRESS]
United States