End User License Agreement & Terms of Use

1. Acceptance of this agreement

This End User License Agreement and Terms of Use (this “Agreement”) is a binding contract between you and K&N Contracting (“K&N,” “we,” “us,” or “our”). By creating an account, signing in, accepting an invitation, following a sign-in link we send you, or otherwise using the Service, you agree to this Agreement. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other organization — for example as a subcontractor or supplier — you represent that you are authorized to bind that organization, and “you” means both you and that organization.

You must be at least 18 years old to use the Service.

2. Who this agreement covers

The Service has several kinds of users, and some terms below apply only to certain ones. This Agreement applies to all of them:

• Customers— property owners, tenants, and other clients who use the Service to follow the progress of work at their property, exchange messages and documents with us, review and sign paperwork, and make payments.
• Team members — K&N employees, technicians, managers, and administrators who use the Service to run jobs, record findings, and manage the business. Team member use is also subject to any employment or contractor agreement you have with us; where that agreement conflicts with this one, that agreement controls as between you and us.
• Vendors and subcontractors— third parties invited to submit quotes, receive assignments, and coordinate work.

3. License grant

Subject to your compliance with this Agreement, K&N grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for the sole purpose of participating in restoration, remediation, repair, or reconstruction work involving K&N— and, for team members and vendors, of performing your role for us.

This is a license to use a hosted service. It is not a sale, and no copy of the software is transferred to you. We may modify, suspend, or discontinue any part of the Service at any time.

4. Restrictions

You may not, and may not permit anyone else to:

• copy, modify, translate, or create derivative works of the Service, or reverse engineer, decompile, or disassemble any part of it, except to the extent this restriction is unenforceable under applicable law;
• rent, lease, sell, sublicense, distribute, or otherwise make the Service available to any third party, or use it to build or benefit a competing product;
• access the Service by automated means — scraping, crawling, bots — or attempt to circumvent any access control, rate limit, or security measure;
• access data you are not authorized to see, including jobs, properties, photographs, estimates, or records belonging to other customers;
• share your credentials or sign-in links, or let anyone else use your account;
• upload malicious code, or content that is unlawful, infringing, defamatory, harassing, or that you lack the right to share;
• use the Service to send unsolicited communications, or in violation of any applicable law or regulation.

5. Ownership

The Service, including all software, design, text, graphics, and the K&N name and logo, is owned by K&N or its licensors and is protected by intellectual property law. Except for the limited license in section 3, this Agreement grants you no rights in the Service. All rights not expressly granted are reserved.

6. Accounts and security

You are responsible for everything that happens under your account and for keeping your credentials confidential. Some parts of the Service can be reached through a single-use sign-in link sent to your email address; anyone with that link can access your account, so do not forward it. Tell us right away at admin@kandncontractingtx.com if you believe your account has been compromised.

We may suspend or terminate any account at any time, including for violation of this Agreement, or when a job, employment, or vendor relationship ends.

7. Your content

The Service lets you submit photographs, documents, measurements, messages, notes, and other material (“Your Content”). As between you and us, you keep whatever ownership you have in Your Content.

You grant K&N a worldwide, royalty-free, non-exclusive license to host, store, reproduce, modify, create derivative works from, and display Your Content for the purpose of providing the Service, performing and documenting the work, pursuing and supporting insurance claims related to your loss, and keeping business records. This license survives termination to the extent we must retain records under section 12.

You represent that you have the rights necessary to submit Your Content and to grant this license — including, where the property is not yours, permission to photograph and document it.

8. Electronic signatures, records, and consent

The Service is used to present and sign documents electronically, which may include work authorizations, estimates, contracts, and direction-to-pay forms. By using the Service you consent, under the federal E-SIGN Act and the Texas Uniform Electronic Transactions Act, to transact electronically with us and to the use of electronic signatures and records.

Your electronic signature is legally binding and has the same force and effect as a handwritten signature on paper. When you sign a document in the Service, we record your typed or drawn signature, your name, the date and time, and the IP address of the device used, and we attach that record to the resulting document as evidence of signing.

A direction-to-pay form authorizes an insurer to issue payment for covered work directly to K&N. It is a direction regarding payment only. It is not an assignment of your insurance policy or of your rights or benefits under it, and it does not transfer control of your claim to us.

To use electronic records you need a current web browser, an active email address, and a device able to view and save PDF files. You may withdraw your consent to transact electronically, or request a paper copy of any document you signed, by contacting us at admin@kandncontractingtx.com or 682-287-2989. Withdrawing consent does not affect the validity of documents already signed, and may mean we can no longer offer you the Service.

9. Communications from us

When you have an account, we send you service messagesabout your work and your account — job and status updates, appointment and visit reminders, messages and notes from our team, documents to review or sign, payment and invoice notices, sign-in links, and invitations. These are part of the Service and are how we do business with you. You cannot opt out of them while you have an active account or job, though you can turn off individual categories of notification in your settings where that option is offered.

We may also send promotional messages— newsletters, maintenance reminders, seasonal notices, service offerings, and similar marketing. Every promotional email includes an unsubscribe link and our postal address. You may opt out at any time by using that link or by emailing admin@kandncontractingtx.com. We will honor the request promptly, and in any event within 10 business days. Opting out of promotional email does not stop service messages, because those are necessary to perform the work.

If you enable browser or device notifications, we may send push notifications. You can turn these off in your browser or device settings, or in your account settings.

Our Privacy Policy describes what we collect and how we use it, and is part of this Agreement.

10. Payments

Where the Service lets you pay online, payments are processed by our third-party payment processor, and your card details are handled by that processor rather than stored by us. Paying through the Service does not change the payment terms of your underlying contract with us, and does not by itself settle any insurance claim or determine what your insurer will cover.

Amounts shown in the Service — including estimates, scopes, and invoices — may be revised as work proceeds, as concealed conditions are discovered, and as the insurance claim is adjusted. Estimates are not final bills unless identified as such.

11. Third-party services

The Service integrates with third-party providers — including QuickBooks Online (Intuit) for accounting, Stripe for payments, Google for sign-in and mapping, CompanyCam for job photography, Microsoft Azure for hosting and file storage, and our email provider. Your use of the Service may cause data to be shared with them as described in our Privacy Policy. Those providers operate under their own terms and privacy policies, and we are not responsible for their acts or omissions.

12. No professional advice; the Service is a record, not a promise

The Service is a project and claim management tool. Information in it — including estimates, scopes, moisture and drying logs, equipment records, photographs, and notes — documents our observations and work as recorded at a point in time. It may be incomplete, preliminary, or superseded, and it is provided for coordination and record-keeping.

Nothing in the Service is legal advice, insurance advice, a coverage determination, or a representation about what your insurer will pay. Coverage is decided by your insurer under your policy. K&N is a restoration and construction contractor; we are not your insurer, and we do not act as your public insurance adjuster.

13. Availability and disclaimer of warranties

We aim to keep the Service available, but it may be interrupted for maintenance, updates, or reasons outside our control, and it may contain errors.

The Service is provided “as is” and “as available,” without warranty of any kind. To the fullest extent permitted by law, K&N disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Service will be uninterrupted, secure, timely, or error-free, or that data will not be lost.

This section is about the Service— this software. It does not disclaim, limit, or modify any warranty K&N gives you for physical work performed at your property, which is governed by your contract with us and by applicable law.

14. Limitation of liability

To the fullest extent permitted by law, K&N will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or business interruption, arising out of or relating to the Service, whether based in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of those damages.

Our total liability arising out of or relating to the Service will not exceed one hundred US dollars ($100).

As in section 13, this limitation applies to the Service — the software. It does not limit our liability for the physical work we perform at your property, for personal injury or property damage caused by our work, for fraud, or for anything else that cannot be limited under applicable law. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

15. Indemnity

You will indemnify and hold harmless K&Nand its owners, officers, and employees from any claim, loss, or expense (including reasonable attorneys’ fees) arising out of your misuse of the Service, your violation of this Agreement or of any law, or your infringement of anyone’s rights through Your Content.

16. Term and termination

This Agreement applies for as long as you use the Service. You may stop using it and ask us to close your account at any time. We may suspend or terminate your access at any time, with or without notice.

On termination, your license under section 3 ends immediately. Sections 5, 7, 8, and 12 through 18 survive. We may retain records of the work, signed documents, and communications as described in our Privacy Policy and as required for legal, accounting, insurance, warranty, and tax purposes.

17. Governing law and disputes

This Agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. You and K&N agree to the exclusive jurisdiction and venue of the state and federal courts located in Tarrant County, Texas for any dispute arising out of or relating to this Agreement or the Service, and each of us consents to personal jurisdiction there.

If your contract with us for physical work contains a dispute resolution provision, that provision governs disputes about that work.

18. Changes to this agreement

We may update this Agreement. When we do, we will revise the version number and effective date at the top of this page. If the changes are material, we will give you notice through the Service or by email, and may ask you to accept the updated Agreement. Continuing to use the Service after an update takes effect means you accept it.

19. General

This Agreement, together with the Privacy Policy, is the entire agreement between you and us about the Service. If any provision is held unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver of it. You may not assign this Agreement; we may assign it in connection with a merger, acquisition, or sale of assets.

20. Contact

Questions about this Agreement:

K&N Contracting
2830 S Hulen St. PMB 379, Fort Worth, TX 76109
682-287-2989
admin@kandncontractingtx.com