Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of EpoxIQ — including the marketing website at epoxiq.com, the contractor admin portal, and the AI-powered floor, fence, and deck visualizer made available on per-contractor subdomains (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

The Service has two principal types of users:

• Contractors— flooring, fence, or deck businesses that onboard with EpoxIQ to receive a branded visualizer and admin portal.
• Customers— visitors who use a Contractor’s visualizer to preview a finish on a photo of their own space and, optionally, submit a lead to that Contractor.

Where a section applies only to one type of user, we say so. Otherwise, “you” refers to whichever type applies.

You must be at least 18 years old and able to form a binding contract to use the Service. Contractors are responsible for the accuracy of the information they provide during onboarding, for keeping their admin credentials confidential, and for all activity that occurs under their account. If you believe your credentials have been compromised, contact us immediately at jake@epoxiq.com.

The visualizer uses artificial intelligence to generate a photorealistic preview of how a selected finish may appear on a Customer’s uploaded photo. By using the visualizer:

• You acknowledge that AI-generated previews are illustrative approximations, not exact representations. Real-world results vary based on lighting, surface preparation, materials, application technique, and other factors. EpoxIQ does not guarantee that the finish, color, texture, or pattern of an actual installation will match a generated preview.
• Previews are not a quote and do not constitute an offer to sell, install, or perform any work. Pricing, scope, and feasibility come solely from the Contractor you engage with.
• EpoxIQ may refuse to generate a preview for uploads that the system classifies as unsupported (for example, photos that are not of a real scene), and may apply rate limits to prevent abuse.

“User Content” means any content you submit to the Service, including photos uploaded by a Customer, logos, swatches, brand notes, finish names, and lead details submitted through a contact form.

You retain ownership of your User Content. You grant EpoxIQ a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and create derivative works of your User Content solely to operate, maintain, secure, and improve the Service — including, where applicable, transmitting it to the AI providers, storage providers, and notification providers described in our Privacy Policy.

You represent and warrant that:

• You own your User Content or have all necessary rights and permissions to submit it and to grant the license above.
• Your User Content does not infringe any third party’s intellectual property, privacy, publicity, or other rights.
• Uploaded photos do not depict minors as their primary subject and do not contain unlawful, defamatory, harassing, sexually explicit, or otherwise objectionable content.
• If you upload a photo containing identifiable people other than yourself, you have the right to do so.

EpoxIQ may remove User Content that violates these Terms or that we believe in good faith violates applicable law.

Subject to your compliance with these Terms, EpoxIQ does not claim ownership of the preview images generated from your upload and a Contractor’s finish. AI-generated output may resemble output produced for other users from similar inputs, and EpoxIQ does not warrant that any output is original, unique, or free of similarity to other works. Generated previews are provided for personal evaluation and for communication with the Contractor; do not use them to misrepresent the work of any installer.

Contractors are independent businesses. EpoxIQ provides the software platform; the Contractor is responsible for:

• The accuracy of their company information, finish names, and any imagery they upload.
• Following up with Customers who submit leads, including providing quotes, scheduling, and performing any work.
• Their own compliance with applicable laws — including advertising, telemarketing, SMS messaging (such as TCPA-style consent rules), and privacy laws — in how they contact and handle Customer lead data after EpoxIQ delivers it to them.
• Configuring notification preferences (email, SMS) and keeping their notification destinations accurate.
• The conduct of any of their personnel who access the admin portal.

EpoxIQ is not a party to any agreement, quote, contract, or transaction between a Contractor and a Customer, and is not responsible for the work performed by any Contractor.

When a Customer submits a lead through a Contractor’s visualizer, they understand that the Contractor — not EpoxIQ — will receive that submission and may contact them using the email address or phone number they provided. Customers should direct any follow-up, opt-out, or data-removal requests for that lead to the Contractor directly. Where required by law, EpoxIQ will assist; see our Privacy Policy for details.

You agree not to:

• Use the Service to violate any law or third-party right.
• Upload content you do not have the right to share, or that depicts other people without permission.
• Attempt to bypass security, authentication, rate-limiting, or scene-validity controls.
• Reverse engineer, scrape, or systematically extract data from the Service except as permitted by law.
• Interfere with the Service’s operation, including introducing malware or excessive automated traffic.
• Use AI-generated previews to deceive customers about the identity of the installer, the materials being used, or the expected results of an installation.
• Resell, sublicense, or rebrand the Service without EpoxIQ’s express written permission.

The Service, including the EpoxIQ name and logo, the website, the visualizer UI, prompt engineering, integrations, default finish catalog assets created by EpoxIQ, and all related software, is owned by EpoxIQ and protected by intellectual property laws. Except for the limited rights to use the Service granted in these Terms, no rights are transferred to you.

Contractors’ logos, custom finishes, swatches, and brand materials remain the property of the Contractor.

The Service relies on third-party providers, including Supabase, Google (Gemini), OpenAI, Resend, Twilio, and Vercel. Your use of the Service is also subject to those providers’ applicable terms where they govern the processing of your information. EpoxIQ is not responsible for third-party services it does not control.

Where the Service is offered to a Contractor on a paid basis, fees, billing terms, and any usage limits will be set out in the relevant order, plan description, or written agreement with EpoxIQ. Use of the Service that exceeds the scope of a free or trial offering may require payment.

You may stop using the Service at any time. Contractors may request account deletion by contacting jake@epoxiq.com.

EpoxIQ may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms, posed a security or legal risk, or if we discontinue the Service. Upon termination, the licenses you grant in these Terms survive only to the extent necessary to wind down the Service and to comply with legal obligations.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. EPOXIQ DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, EPOXIQ DOES NOT WARRANT THAT: (A) AI-GENERATED PREVIEWS WILL MATCH ACTUAL INSTALLATIONS; (B) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (C) ANY DATA WILL BE PRESERVED INDEFINITELY; OR (D) ANY CONTRACTOR WILL PERFORM ANY WORK AT ANY PRICE OR QUALITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPOXIQ AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EPOXIQ’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO EPOXIQ FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

You agree to indemnify and hold EpoxIQ and its affiliates harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your User Content; (b) your use of the Service; (c) your violation of these Terms; or (d) for Contractors, your communications with or services performed for Customers.

We may modify the Service or these Terms at any time. If we make material changes to these Terms, we will update the “Effective” date and, where appropriate, provide additional notice. Your continued use of the Service after a change takes effect constitutes your acceptance of the updated Terms.

These Terms are governed by the laws of the United States and the state where EpoxIQ is principally located, without regard to conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Service will be brought in a court of competent jurisdiction in that location, and you consent to personal jurisdiction and venue there.

These Terms, together with the Privacy Policy and any order or written agreement between you and EpoxIQ, are the entire agreement between you and EpoxIQ regarding the Service. If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign these Terms without our prior written consent; we may assign these Terms freely.

Questions about these Terms, or notices required under them, can be sent to jake@epoxiq.com.