iRoofing software privacy and cookie policy

iRoofing Privacy Policy

Last Updated: July 19, 2023

Overview

This Privacy Policy describes how iRoofing, LLC (“iRoofing” or “we”) collects, uses, and shares personal information. This Privacy Policy applies to personal information we collect when you access or use our websites, mobile applications, telephone, chat or SMS services, or other platforms or properties (the “Properties”), use our products and services (individually and collectively with the Properties, the “Services”), or otherwise interact with us. This Privacy Policy also applies to personal information we collect from other sources, including our parent company Porch.com, Inc., Porch.com’s parent company Porch Group, Inc., and their direct and indirect subsidiary companies (each, a “Porch Group Company”).

By “personal information,” we mean information that uniquely identifies an individual, such as your or your client’s name, email address, unique financial information, such as a credit card number; and information that we link to an individual’s unique identifier(s) or unique financial information. If information is de-linked or de-identified, we do not consider it to be personal information. For example, a postal address would not be personal information if it were included in a list of addresses without names or other unique identifiers. Business information (such as the name of a business or the business address or phone number) is not personal information.

References to iRoofing (or “we”) also include companies providing services to iRoofing, the Porch Group Companies, and our business partners, to the extent that such parties are collecting, using, or sharing personal information for or on our behalf. This Privacy Policy applies to information collected by those companies only when they provide it to iRoofing.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by posting the updated Privacy Policy on our website and updating the effective date at the top of this Privacy Policy. In some cases, we may provide you with additional notice (such as adding a statement to our websites’ homepages or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

If you do not agree with the terms of this Privacy Policy, please do not continue using the Services.

Information We Collect

Information You Give to Us

We collect information that you or your account users provide directly to us. For example, we collect your name, email address and other information when you open an account; make a purchase; request customer support; leave a review about your experiences with iRoofing or otherwise upload, link or provide content that includes personal information; or subscribe to our promotional marketing programs. We may collect information about your clients only in connection with the services you provide to them through our platform.

Information We Collect Automatically

When you access or use the Services through our website or other digital Properties or when we send you emails, we and our advertisers may use tracking technologies to automatically collect information about you.  Please see our Cookie Policy to learn more about these technologies, how we use them, and how to manage or disable them. Automatically collected information may be associated with your unique browser, device identifier, or Internet protocol (IP) address, but we do not consider it to be personal information unless it is linked to your unique identifier(s).

Automatically collected information includes:

• Log Information and Analytics. We log information such as IP address, time zone, access times, operating system, browser type and language, Internet service provider (ISP), and the web page you visited before navigating to our Services. We collect information about use of the Services, such as clicks, scrolls, features accessed, access time and frequency, errors generated, performance data, storage utilized, user settings and configurations.
• Usage and Session Information. We collect usage information, such as how many visitors visit a specific page, how long they stay, which links they click on, and how, when and how often they order particular services, and session information, such as mouse actions, pages visited, screen actions and other interaction patterns.
• Device Information. We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
• Location Data. If you are using mobile Services, we may collect location data directly from your mobile device if your device allows us to do so. In addition, your IP address may provide an approximate geo-location.
• Transaction Information. When you make a purchase, we collect information about the transaction, such as the date and location of the purchase.
• When you receive emails from us, we collect information about whether and when you opened the email, whether you clicked on the images and links in the email, and whether your computer or mobile device is capable of receiving HTML-based email.

Information Collected from Calls

When you call us or when we call you, we may monitor, record and transcribe those calls for quality assurance, customer satisfaction and analysis purposes. In those jurisdictions where consent is required for a party to record a telephone call, you consent to us recording such calls. We treat the records of these calls, when linked to your unique identifier(s), as personal information.

Information We Collect from Porch Group Companies and Third Parties

The Porch Group Companies may provide iRoofing with information they collect from their customers and business partners.  For example, a Porch Group Company may share customer information with iRoofing for system configuration purposes.

Aggregate and Anonymized Information

We may also aggregate (group) or de-link/de-identify (anonymize) information. Aggregated, anonymized data is not personal information subject to this Privacy Policy, and we may use it to analyze usage of the Services or for any other purpose. We may also share aggregated and/or anonymized information with Porch Group Companies and our and their business partners. For example, based on the information we have obtained from and about individuals, we may compile a list of addresses that we believe are associated with an individual moving to a new address and provide that list (without any unique identifiers for the individuals) to our business partners. However, we will not share aggregated and/or anonymized information with our business partners in order for them to advertise competing roofing services to your clients.

Categories of Personal Information Collected

In the last 12 months, iRoofing has collected the following categories of personal information from the categories of sources described above. We consider this information to be personal information to the extent that it is information that uniquely identifies you, is unique financial information, or is linked to your unique identifier(s), or if it is defined as personal information by applicable state law.

How We Use the Information We Collect

In general, we use the information we collect to operate our business, including:

• To provide, maintain, improve and personalize the Services and the services of other Porch Group Companies.
• To connect you with clients and other businesses with whom you choose to interact through the Services.
• To process transactions, to provide customer service and improve performance, to communicate with you about your account, changes in our policies or other service matters, and to otherwise manage our customer relationships.
• To market products and services from iRoofing, the Porch Group Companies, and our and their business partners, to optimize marketing campaigns, and to analyze their effectiveness, distribution and reach.
• To develop new products and services.
• To administer contests, promotions or sweepstakes.
• To detect, investigate and address technical issues, security incidents, fraudulent transactions, abuse, violations of our agreements and policies, and illegal activities.
• To comply with our legal obligations and legal process.
• To create aggregated or de-identified data sets.
• To analyze trends, administer our websites, and track visitor navigations on our websites to understand what visitors are looking for.
• To update, expand and analyze our records and identify new customers.
• To carry out certain short-term activities and other reasonable internal purposes related to the Services, the products or services you purchase through us or your ongoing relationship with us.
• To perform other business purposes described at the time the information is collected or as otherwise set forth in applicable data privacy laws.

iRoofing will not collect additional categories of personal information or use the personal information we collect for materially different, unrelated, or incompatible purposes without providing you notice.

How We Share Information

Except as described in this Privacy Policy, we do not sell or rent personal information to any third party. If we share personal information, we do so only as follows:

Porch Group Companies

We share your and your clients’ information with Porch Group Companies for general marketing purposes, to allow them to improve their products and services (such as confirming or supplementing information they have about a person or to classify a person as a mover), in connection with the data, technical, legal, accounting, and other services shared between the Porch Group Companies, and for other internal business purposes. However, we will not share your clients’ information with Porch Group Companies in order for Porch.com to advertise competing roofing services to your clients. The Porch Group Companies will be bound by the terms of this Privacy Policy with respect to personal information received from iRoofing and will use that personal information only as described in this Privacy Policy.

iRoofing Partners

We share your business information (and any personal information included in it) with selected companies with whom we partner (“iRoofing Partners”) for the purpose of offering you an expanded range of business services to support, facilitate and augment home-related services. iRoofing Partners will use personal information in accordance with their respective privacy policies, which we encourage you to review if you have questions regarding how they will handle personal information provided by iRoofing. iRoofing Partners are not allowed to use personal information received from iRoofing in a manner prohibited under this policy.

Companies Providing Services to iRoofing

We share information with third-party vendors, consultants, and other service providers that are providing business services to iRoofing. For instance, we may share information about you or your clients with a third-party service provider that hosts the Properties, provides call center or other customer service, creates reports or other products ordered by you or your clients, sends out emails, serves ads to you on the Properties or on a third-party platform, or monitors or analyzes Services data. Such companies will have access to personal information only as necessary to carry out their work and are prohibited from using it for any other purpose.

User-Directed Disclosures

We share your personal information when you direct us to do something that requires its disclosure or when you otherwise provide your consent.

Companies with Which There Is an Existing Relationship

If an individual is already a customer of or otherwise has a direct relationship with a business partner of iRoofing or a Porch Group Company (an “Existing Relationship Company”), we or the Porch Group Company may disclose certain of information about that person to that Existing Relationship Company. If the person is a match to a customer on the Existing Relationship Company customer list, we may provide the Existing Relationship Customer with information such as the groups or segments the person belongs to (such as mover or homeowner) and demographic information about the person and his or her home (such as size), so that the Existing Relationship Company can provide with more relevant advertising, products and services. We will not give the Existing Relationship Company any contact information, unique personal identifiers, or unique financial information unless for another purpose permitted in this Privacy Policy. However, the Existing Relationship Company may already have some or all of that information (because of its existing relationship with the person) and they will be able to link the person with the other information about him or her that we provide to them. Notwithstanding the above, we will not share your clients’ information with an Existing Relationship Company in order for that company to advertise competing roofing services to your clients.

Contests and Sweepstakes

When you sign up for and participate in a contest or sweepstakes, we may publicly disclose the name, city and state of winners.

Compliance with Laws and Policies; Protection of Rights

We may disclose your personal information if we believe disclosure is necessary to comply with any applicable law, regulation, or legal process, to cooperate with government or law enforcement, or to avoid legal liability; to resolve complaints or disputes; to investigate and resolve technical issues, security incidents, fraud, abuse, and illegal activities; if we believe your actions are inconsistent with the spirit or language of our user agreements or policies; or to protect the rights, reputation, safety and property of iRoofing or others.

Strategic Transactions

We may disclose personal information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business or in a bankruptcy, liquidation, dissolution or similar transaction. In the event that we or all of our assets are acquired in such a transaction, our collected information would be one of the transferred assets.

Professional Information

We do not consider business information to be personal information. Accordingly, we may share business names, owner/proprietor names, business contact information and other information with third parties for any purpose.

Categories of Personal Information Disclosed

In the last 12 months, iRoofing has disclosed the following categories of personal information for a business purpose to the following categories of third parties:

Security

We take reasonable measures, including administrative, technical, and physical safeguards, to restrict access to your personal information and help protect it from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. For example, when you enter a credit card number on the Properties, we encrypt that information in transit over the Internet and when stored.  However, no such measure is 100% secure.

Third-Party Websites or Services

The Properties may contain links to other third-party websites and services, either directly or through advertisements on the Properties.  iRoofing is not responsible for the content or privacy practices of websites operated by third parties, including our advertising partners and networks.  We encourage you to review the privacy policies of third-party websites and services before providing any information to them.

Managing Your Personal Information

Account Information

You may access, update and correct your online account information, or update your communications preferences, at any time by logging into your online account. If you wish to delete your online account, please email us at [email protected]. Please note that, even if your account is deleted, information that you chose to provide in a public area of the Services (such as reviews) will remain visible to the public on other sites.  In addition, we may retain your information and that of your clients as required by law or for legitimate business purposes and your information may be retained by third parties with whom such information has already been shared. We may also retain cached or archived copies of your information.

You may also request to access information or to update or correct inaccurate information by emailing us at [email protected] or writing us at iRoofing LLC, 3127 W Hallandale Beach Blvd Suite 107,

Hallandale Beach, FL 33009.

If you are a client of a contractor and wish to correct your information in the contractor’s records or iRoofing account, please contact the contractor.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Services.

To opt out of being tracked by Google Analytics when using our web-based services, visit https://tools.google.com/dlpage/gaoptout.

Promotional Communications

Receiving promotional calls, text (SMS) messages, emails and direct mail from iRoofing is completely voluntary, and you may opt out at any time. To opt out of promotional communications from iRoofing, email us at [email protected]. You can also opt out of receiving promotional emails by clicking the unsubscribe link in the email, and you can opt out of promotional text (SMS) messages by texting STOP. You may receive a final email or text message confirming your opt-out. Message and data rates may apply. Please allow up to 10 business days to process any opt-out request.

Please note that even if you opt out, we may still send you non-promotional communications, such as emails about site outages, your online account or service requests that you have submitted, for as long as you are a customer.

Communications By Third Parties

To opt out from receiving promotional communications from a Porch Group Company or other third party, or to make requests regarding your personal information or other information held by them, you should contact them directly.

Children and Our Services

Our Services are not directed to children, and you may not use our Services if you are under the age of 16. If we learn that we have collected personal information of a child under 16, we will make commercially reasonable efforts to delete such information from our files.

State-Specific Rights

Your California Resident Privacy Rights

Under the California Consumer Privacy Act or CCPA, California residents have certain rights regarding their personal information, including:

• The right to know the categories of personal information we’ve collected about them and the categories of sources from which we got the information (see Information We Collect);
• The right to know the business purposes for which we’ve shared their personal information (see How We Use Information We Collect);
• The right to know the categories of third parties with whom we’ve shared their personal information (see How We Share Information We Collect);
• The right to access the specific pieces of their personal information we’ve collected and to request that we delete personal information, subject to certain exceptions (see below);
• The right to opt out of the sale of their personal information (see below); and
• The right to not be discriminated against for exercising their CCPA privacy rights.
• The right to correct inaccurate personal information;
• As of January 1, 2023, the right to opt-out of sharing your personal information with third parties for the purposes of targeted behavioral advertising; and
• As of January 1, 2023, the right to request correction of inaccurate personal information and to request to limit disclosure or use of your sensitive personal information. Please note, however, that any right to request correction is limited by the legal rights of Porch and its users relating to content on the Properties, including without limitation legally protected rights related to freedom of speech.

For purposes of these rights, “sold” and “business purpose” have the meanings given in the CCPA. For example, if you submit an opt-out request, you will not be opted out from transactions that the CCPA does not deem to be sales. In addition, please note that the CCPA does not require us to delete personal information that we need to maintain for certain purposes.

To exercise the rights described above with respect to your personal information, you may submit a verifiable consumer request to us by either:

• Calling us toll free at 800-646-6270 or
• Emailing us at [email protected]

Only the individual consumer, or someone that he or she authorizes to act on his or her behalf, may make a verifiable consumer request related to that person’s personal information. We will work to respond to a consumer request within 15 business days (for opt-out requests) or 45 calendar days (for deletion and access requests) of receipt. We will not charge you a fee for making a request unless your request is excessive, repetitive, or manifestly unfounded. If we determine that your request warrants a fee, we will notify you and explain our decision before completing your request.

Your Nevada Resident Privacy Rights

If you are a resident of Nevada, you have the right to opt out of the sale of certain kinds of personal information (such as name, physical address, email address, telephone number and other personal  information collected through a website) to purchasers that will then license or sell the covered information to additional persons. You can exercise this right by emailing us at [email protected] with the subject line “Nevada Do Not Sell Request.” Nevada law specifies various transactions that are excluded from the definition of “sale”; if you exercise this opt-out right, you will not be opted out from transactions that the law does not deem to be sales.

Your Colorado Resident Privacy Rights

Under Colorado’s Consumer Privacy Act, Colorado residents have certain rights regarding their personal information, including:

• The right to access the specific pieces of their personal information we’ve collected (see Information We Collect) and to request that we delete personal information, subject to certain exceptions (see below);
• The right to opt out of the sale of their personal information (see below);
• The right to opt-out of targeted advertising (see below); and
• The right to request correction of inaccurate personal information and to request to limit disclosure or use of your sensitive personal information. Please note, however, that any right to request correction is limited by the legal rights of Porch and its users relating to content on the Properties, including without limitation legally protected rights related to freedom of speech.

For purposes of these rights, “sold” and “business purpose” have the meanings given in the CPA. For example, if you submit an opt-out request, you will not be opted out from transactions that the CPA does not deem to be sales. In addition, please note that the CPA does not require us to delete personal information that we need to maintain for certain purposes.

To exercise the rights described above with respect to your personal information, you may submit a verifiable consumer request to us by either:

• Calling us toll free at 800-646-6270 or
• Emailing us at [email protected]

Only you, or someone that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. We will work to respond to your request within 15 business days (for opt-out requests) or 45 calendar days (for deletion and access requests) of receipt. We will not charge you a fee for making a request unless your request is excessive, repetitive, or manifestly unfounded. If we determine that your request warrants a fee, we will notify you and explain our decision before completing your request.

Your Connecticut Resident Privacy Rights

Under Colorado’s Data Privacy Act, Connecticut residents have certain rights regarding their personal information, including:

• The right to access the specific pieces of their personal information we’ve collected (see Information We Collect) and to request that we delete personal information, subject to certain exceptions (see below);
• The right to opt out of the sale of their personal information (see below);
• The right to opt-out of targeted advertising (see below); and
• The right to request correction of inaccurate personal information and to request to limit disclosure or use of your sensitive personal information. Please note, however, that any right to request correction is limited by the legal rights of Porch and its users relating to content on the Properties, including without limitation legally protected rights related to freedom of speech.

For purposes of these rights, “sold” and “business purpose” have the meanings given in the CDPA. For example, if you submit an opt-out request, you will not be opted out from transactions that the CDPA does not deem to be sales. In addition, please note that the CDPA does not require us to delete personal information that we need to maintain for certain purposes.

To exercise the rights described above with respect to your personal information, you may submit a verifiable consumer request to us by either:

• Calling us toll free at 800-646-6270 or
• Emailing us at [email protected]

Only you, or someone that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. We will work to respond to your request within 15 business days (for opt-out requests) or 45 calendar days (for deletion and access requests) of receipt. We will not charge you a fee for making a request unless your request is excessive, repetitive, or manifestly unfounded. If we determine that your request warrants a fee, we will notify you and explain our decision before completing your request.

Your Utah Resident Privacy Rights (Effective December 31, 2023)

Under Utah’s Consumer Privacy Act, effective as of December 31, 2023, Utah residents have certain rights regarding their personal information, including:

• The right to access the specific pieces of their personal information we’ve collected (see Information We Collect) and to request that we delete personal information, subject to certain exceptions (see below);
• The right to opt out of the sale of their personal information (see below); and
• The right to opt-out of targeted advertising (see below).

For purposes of these rights, “sold” and “business purpose” have the meanings given in the UCPA. For example, if you submit an opt-out request, you will not be opted out from transactions that the UCPA does not deem to be sales. In addition, please note that the UCPA does not require us to delete personal information that we need to maintain for certain purposes.

To exercise the rights described above with respect to your personal information, you may submit a verifiable consumer request to us by either:

• Calling us toll free at 800-646-6270 or
• Emailing us at [email protected]

Only you, or someone that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. We will work to respond to your request within 15 business days (for opt-out requests) or 30 calendar days (for deletion and access requests) of receipt. We will not charge you a fee for making a request unless your request is excessive, repetitive, or manifestly unfounded. If we determine that your request warrants a fee, we will notify you and explain our decision before completing your request.

Retention

iRoofing retains personal information as long as it is needed for business or legal purposes.

Governing Law; Visitors Residing Outside the United States 

iRoofing’s website and services are hosted and performed in the United States. This Privacy Policy is subject the laws of the United States of America and the State of Washington, without regard to conflict of law principles. If you reside outside of the United States, you are responsible for complying with local laws in connection with your use of the Services, and you consent to the collection, transfer, storage, and use of your personal information in the United States in accordance with this Privacy Policy.

The laws governing processing of personal information vary depending on the jurisdiction in which you reside. To the extent the laws of your jurisdiction are more restrictive than the terms of this Privacy Policy, it is our policy to follow the requirements of those laws to the extent those laws are applicable to iRoofing’s activities or personal information.

Additional Information or Assistance

Please address comments or questions to [email protected] or write to us at the address below.

iRoofing LLC
Attn: iRoofing Legal Department

3127 W Hallandale Beach Blvd Suite 107,

Hallandale Beach, FL 33009

[1] iRoofing may share a home address with the Porch Group Companies, which constitutes personal information in states that designate a postal address as personal information, such as California.

[2] iRoofing may share a home address with the Porch Group Companies, which constitutes personal information in states that designate a postal address as personal information, such as California.

February 2017

Last Updated:  February 2017 (Application ver 1.00)
TERMS OF USE

THIS iROOFING MOBILE APPLICATION (THE “APPLICATION”) IS LICENSED, NOT SOLD, TO YOU AS THE USER.  YOUR LICENSE TO THE APPLICATION IS SUBJECT TO YOUR PRIOR AND CONTINUED ACCEPTANCE OF THIS END-USER AGREEMENT (THIS “AGREEMENT”).  BY USING THE APPLICATION, YOU (THE “USER”) ACCEPT THESE TERMS OF USE (“TERMS”).  THESE TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING USE OF THE APPLICATION, BETWEEN USER AND iROOFING, LLC, INCLUDING ITS SUBSIDIARY, RELATED, AND AFFILIATED COMPANIES (INDIVIDUALLY OR COLLECTIVELY “iROOFING”).  BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS.  SHOULD USER NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, USER MUST IMMEDIATELY UNINSTALL THIS APPLICATION AND DISCONTINUE ITS USE.  CONTINUED USE OF THE APPLICATION SIGNIFIES USER’S CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM.

Age Restriction

Only individuals thirteen (13) years of age or older may use the Application.  Users between the ages of thirteen (13) and eighteen (18) must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms.  Should User’s parent or legal guardian not acknowledge and agree to these Terms, User must immediately uninstall this Application and discontinue its use.
Incorporation of Related Terms

These Terms incorporate and supplement the terms, conditions, and policies of iRoofing posted at https://iroofing.org, including without limitation the following related terms, conditions, and other policies, the location and terms of which may be changed from time-to-time,

• iRoofing Terms of Use (available at https://iroofing.org/terms-of-use);
•  iRoofing Privacy Policy (available at https://iroofing.org/privacy-policy).

Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Application.

End-User License

Subject to these Terms, iRoofing grants the User a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to use the Application for personal use only on an Android phone or tablet (“Android Device”) owned or controlled by User in accordance with these Terms (“User License”).  By accessing the Application, User acknowledges and agrees that any materials, ideas or other communications User generates in any manner and for any reason will not be treated as confidential or proprietary.  User acknowledges and agrees that User has no ownership rights in any ideas or materials generated or submitted through the Application, and User expressly disclaims any rights or causes of action User may have with respect to any materials or materials generated or submitted through the Application.  User further acknowledges that the User License is limited to the registered and authorized User and that the User may not reproduce, copy, upload, provide, share, trade-in-kind, post, transmit, display, sell, resell or otherwise redistribute or exploit any materials, design elements, results, measurements, estimations, or reports from the use of the Application to any other person(s) or entity who is not an authorized and licensed User of the Application.

Content found on the Application that is provided by iRoofing, including certain graphics, photographs, artwork, merchandise, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“iRoofing Content”) is the property of iRoofing, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.  Unless otherwise agreed to in writing by iRoofing, User agrees not to download, display or use any iRoofing Content located on the Application for use in any brochures, marketing materials, publications, on websites other than the Application or in any other medium for any commercial purpose. User also agrees not to download, display or use any iRoofing Content located on the Application in connection with products or services that are not those of iRoofing, in any other manner that is likely to cause confusion among consumers, that disparages or discredits iRoofing, that dilutes the strength of iRoofing’s property, or that otherwise infringes iRoofing’s intellectual property rights.  User further agrees to in no other way misuse any iRoofing Content or third party content that appears on the Application.  Any use of the Application in any other manner, including, without limitation, resale, reverse-engineering, disassembling, redistribution, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application is prohibited.  User may not rent, lease, lend, sell, transfer, redistribute or sublicense the Application.

If User sells or transfer ownership of User’s Android Device to a third party, User must remove the Application before doing so.  User may not copy (except as expressly permitted by this Agreement), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of any open-sourced components included with the Application).  If User breaches any of these restrictions, User may be subject to prosecution and damages.  This Agreement and User License also governs any updates or upgrades to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

The license is effective until terminated by User or iRoofing, with or without written notice. User’s rights under the User License will terminate automatically without notice from iRoofing if User fails to comply with any Terms or terms of the User License. Upon termination of the license, User shall cease all use of the Application and destroy all copies, full or partial, of the Application.

User Information

Application features may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, GPS location information, camera access, and information for and from third-party accounts (collectively “User Information”).  By acknowledging and agreeing to this Agreement, or by using the Application, User consents to the transmission of User Information to iRoofing, including its agents and third-party partners, and consents to iRoofing, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality, analytics, and for the purposes disclosed in one or more of the iRoofing Privacy Policies identified in this Agreement, and that iRoofing may share this information with other third parties, including participating product and material manufacturers.

When User creates an account through the Application, User guarantees that the information provided is accurate, complete, and current at all times.  Inaccurate, incomplete, or obsolete information may result in the immediate termination of User’s account on the Application. User may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than User, without appropriate authorization.  User may not use as a username any name that is offensive, vulgar or obscene.

User is solely responsible for the confidentiality and security of User Information sent from or stored on the Android Device by the Application.  User is also solely responsible for all transactions and activities undertaken by anyone registered in the User’s name, whether authorized or unauthorized.  This includes any and all unauthorized purchases made from iRoofing.  User agrees to immediately notify iRoofing of any suspected unauthorized transactions associated with the Application or any other breach of security.  iRoofing shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to the Application.  Users shall be solely responsible for taking precautionary steps to protect User Information stored on the Android Device, including without limitation password-protecting the Android Device and employing Google’s remote-wipe feature.

User agrees that iRoofing, its service providers and/or others involved in creating or providing the Application may collect and use technical data and related information—including but not limited to technical information about User’s device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to User (if any) related to the Application.  iRoofing, its service providers, and/or others involved in creating or providing the Application may use this information, as long as it is in a form that does not personally identify User, to improve the Application or to provide services or technologies to User.

Subscriptions

Some parts of the Application service are billed on a subscription basis (“Subscription(s)”). User will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan User selects when purchasing a Subscription.  At the end of each Billing Cycle, User’s Subscription will automatically renew under the exact same conditions unless User cancels it or iRoofing cancels it.  User may cancel User’s Subscription renewal either through User’s online account management page or by contacting iRoofing customer support team.

A valid payment method, including credit card, is required to process the payment for User’s Subscription. User shall provide iRoofing with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, User automatically authorize iRoofing to charge all Subscription fees incurred through User’s account to any such payment instruments.  Should automatic billing fail to occur for any reason, iRoofing will issue an electronic invoice indicating that User must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

iRoofing, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.  iRoofing will provide User with a reasonable prior notice of any change in Subscription fees to give User an opportunity to terminate User’s Subscription before such change becomes effective.  User’s continued use of the Service after the Subscription fee change comes into effect constitutes User’s agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by iRoofing on a case-by-case basis and granted in sole discretion of iRoofing.

External Services and Third-Party Materials

The Application may enable access to iRoofing’s or third-party services and websites (collectively and individually, “External Services”).  Use of the External Services requires Internet access and may require User to accept additional terms.  Certain External Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the External Services, User acknowledges and agrees that neither iRoofing, nor its agents or those involved in creating or providing the Application, is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Neither iRoofing, nor its agents or those involved in creating or providing the Application, warrants or endorses and does not assume and will not have any liability or responsibility to User or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to User.  User agree to use the External Services at Users sole risk and neither iRoofing, nor its agents or those involved in creating or providing the Application, shall have any liability to User for content that may be found to be offensive, indecent, or objectionable.  iRoofing reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice.  In no event will iRoofing be liable for the removal of or disabling of access to any such External Services.  iRoofing may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.

User agrees that the External Services contain proprietary content, information and material that is owned by their respective owners, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that User will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services, or in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party or iRoofing. No portion of the External Services may be reproduced in any form or by any means, except as permitted by the respective owner of the External Services. User agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services, in any manner, and User shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. User further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither iRoofing, nor its agents or those involved in creating or providing the Application, is in any way responsible for any such use by User, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that User may receive as a result of using any of the External Services.

Permitted and Prohibited Use

Subject to User’s compliance with these Terms, and solely for so long as User is permitted by iRoofing to access and use the Application, User may view and use the Application, provided that User (i) keeps all copyright and other proprietary notices intact, (ii) does not modify the iRoofing Content or use it in a manner that suggests an association with any of our products or services, and (iii) does not download quantities of the iRoofing Content to a database that can be used to avoid future downloads from this Application.  User may execute a single copy of any software made available through the Application (the “Software”). Use or downloading of the Software is conditioned on acceptance of the terms and conditions of any license agreements relating to such Software, including agreements of third parties. By acquiring or using the Software, you agree to such terms and conditions. While using the Application, the iRoofing Content, and the Software User expressly agrees to comply with all applicable laws, rules and regulations, and the following limitations.

You may not:

• Reproduce, copy, upload, post, transmit, display, sell, resell or otherwise redistribute or exploit any materials, design elements, or reports from the Application, or use or access the Application for any commercial purpose not authorized by iRoofing without prior consent;
• Reproduce, copy, upload, provide, share, trade-in-kind, post, transmit, display, sell, resell or otherwise redistribute or exploit any materials, design elements, results, measurements, estimations, or reports from the use of the Application to any other person(s) or entity who is not an authorized and licensed User of the Application;
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble the Software or any portion of the Application or otherwise attempt to determine the source code or trade secrets of the Application or the Software;
• Violate or attempt to violate the security of the Application;
• Restrict or inhibit any other visitor or member from using the Application, including, without limitation, by means of “hacking” or defacing any portion of the Application;
• Use the Application, iRoofing Content or Software for any fraudulent or unlawful purpose;
• Impersonate any person or entity, including without limitation any representative of iRoofing; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Application; or express or imply that any statements you make are endorsed by us, without our prior written consent;
• Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, degrading, hateful, intimidating, abusive, libelous, defamatory, obscene, indecent, pornographic or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; (d) any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking”; or (e) any advertisements, solicitations, junk mail, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Engage in spamming or flooding;
• Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
• Remove any copyright, trademark or other proprietary rights notices contained in the Application, iRoofing Content or Software;
• “Frame” or “mirror” any part of the Application without our prior written authorization;
• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Application or its contents. Notwithstanding the foregoing, iRoofing grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. iRoofing reserves the right to revoke these exceptions either generally or in specific cases.
• Use the Application to advertise or offer to sell or buy any goods or services without our express prior written consent;
• Create a database by systematically downloading and storing the Application’s content;
• Attempt to damage, disable, overburden, or impair iRoofing servers or networks, attempt to gain unauthorized access to an iRoofing computer network, or attempt to gain unauthorized access to iRoofing’s user accounts;
• Use the Application to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect information about Application visitors or members without their express consent;
• Otherwise disrupt or interfere with the operation of the Application or the servers or networks used to make the Application available; or violate any requirements, procedures, policies or regulations of such networks; or
• Violate these Terms in any manner.

iRoofing reserves the right, in its sole discretion, to terminate any User License, remove User-Generated Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Application that iRoofing reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

User-Generated Content

The User may generate content, written or otherwise, while using the Application (“User-Generated Content”).  User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by iRoofing (for example, in product marketing campaigns).  User grants iRoofing and its successors a worldwide; irrevocable; transferrable; sublicensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information.  User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content, including its legality, reliability, and appropriateness.

By posting User-Generated Content on or through the Application, User represents and warrants that: (i) the User-Generated Content is User’s (User owns it) and/or User has the right to use it and the right to grant iRoofing the rights and license as provided in these Terms, and (ii) that the posting of User-Generated Content on or through the Application does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.  iRoofing reserves the right to terminate the account of anyone found to be infringing on a copyright.

User may retain any and all of User’s rights to any User-Generated Content you submit, post or display on or through the Application and User is solely responsible for protecting those rights. iRoofing takes no responsibility and assumes no liability for User-Generated Content that User or any third party posts on or through the Application. However, by posting User-Generated Content using the Application you grant iRoofing the right and license to use, modify, perform, display, reproduce, and distribute such User-Generated Content on and through the Application.  iRoofing has the right, but not the obligation, to monitor and edit all User-Generated Content provided by User.  User-Generated Content found directly on or through the Application are the property of iRoofing and User may not distribute, modify, transmit, reuse, download, repost, copy, or use said User-Generated Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from iRoofing.

Indemnification

User agrees to indemnify and hold harmless iRoofing, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Application, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from, arising from, or relating to (i) your access to, use of, misuse of, or inability to access or use the Service; (ii) any conduct or content of any third party on the Application; (iii) any content obtained from the Application; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.  iRoofing reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

No Warranties

iROOFING IS PROVIDING THE APPLICATION AND iROOFING CONTENT TO THE USER ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE APPLICATION OR ANY INFORMATION OR SOFTWARE THEREIN.  iROOFING  UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL iROOFING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OR ACCESS THE APPLICATION OR INABLILTY TO OPERATE ON AN UNINTERRUPTED BASIS, NOR SHALL iROOFING BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND iROOFING’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, DELAYS OR LIMITATIONS OF DATA TRANSMISSIONS AND DOWNLOADS, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO APPLICATION RECORDS, PROGRAMS, SERVICES, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL iROOFING OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE OR ACCESS THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY GOODS OR SERVICES PURCHASED THROUGH THE APPLICATION AND/OR THE SUBMISSION OF AND/OR iROOFING’S USE OR DISTRIBUTION OF USER CONTENT, EVEN IF iROOFING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

iRoofing makes no representations about the reliability of the features of the Application, the iRoofing Content, User-Generated Content, or any other feature, and disclaims all liability in the event of any service failure.  User acknowledges that any reliance on the accuracy of the Application and iRoofing Content will be at User’s own risk.  iRoofing is not responsible for any inaccuracies in the input of User-Generated Content by the User, technical data provided by third parties, measurements created using the Application, color variations, or the amount of time that any iRoofing Content or User-Generated Content will be preserved.  User agrees that it is User’s solely responsibility to back up and preserve any data or information that is generated in connection with the Application.  iRoofing does not endorse, verify, evaluate or guarantee the accuracy of any information provided by Users and nothing shall be considered as an endorsement, verification, evaluation or guarantee the accuracy of any User-Generated Content, including any information or data input into the estimator or any calculations performed by the estimator based upon User input. User is solely responsible for device compatibility with the Application and Software.  iRoofing will make all reasonable efforts to accurately display the color and attributes of third party products and materials referenced in the Application, including the applicable colors and attributes of products and materials; however, the actual color and attributes of the products and materials will depend on User’s computer system, and iRoofing cannot guarantee that User’s computer will accurately display such colors and attributes, including any display on the simulator feature of the Application.  User further acknowledges that iRoofing is not responsible for varying lighting conditions, different point of view angles, variances in photographic equipment and technology, and User human error which may affect the accurate display of the color and attributes of the products and materials on the simulator feature. The inclusion of any third party products and materials on the Application at a particular time does not imply or warrant that these products or materials will be available at any time from those third parties. User agrees that it is User’s sole responsibility to ascertain the availability of any products and materials referenced on the Application, confirm the accuracy of color selections by obtaining color samples from the manufacturers, and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased through the Application.

No Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL iROOFING OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR iROOFING CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, LOSS OF USER INFORMATION OR DATA, THE INABILITY TO USE OR ACCESS THE APPLICATION, DEVICE FAILURE OR MALFUNCTION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.  THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION.  iROOFING, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.

User further acknowledges that iRoofing is not responsible for the quality of any product or material supplied by a third party or manufacturer, the accuracy of the technical data supplied by a third party or manufacturer, the availability of any product or material referenced in the Application, or any changes to the product or material lines by a third party or manufacturer.  User is solely responsible for obtaining accurate technical data, availability, and information about all products and materials referenced on the Application directly from the third party or manufacturer supplying the product or material.

User acknowledges and agrees that nothing in the Application or any of its features is intended to provide legal advice or legal services to the User.  iRoofing recommends that User consult with their own independant legal counsel for any assistance with the formation of any contracts generated in connection with the use of the Application.

In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall iRoofing, its agents or anyone involved in creating or providing this Application or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Application or $100, whichever is less.

Intellectual Property

iRoofing, the iRoofing logo, and other iRoofing trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of iRoofing, LLC (“iRoofing Marks).  Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third-Party Marks”).  The iRoofing Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of iRoofing or the applicable trademark holder.  The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by iRoofing or the owner of the Content.

Choice of Law and Jurisdiction

These Terms are governed by the laws of the State of Florida, United States of America, without regard to Florida’s conflict of laws rules.  User irrevocably consents to the exclusive jurisdiction of the state courts in Broward County, Florida, United States of America and the federal courts in the United States District Court for the Southern District of Florida for purposes of any legal action arising out of or related to the use of the Application or these Terms.

Severability

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.  Failure of iRoofing to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.

Modification of these Terms

iRoofing reserves the right to change or modify these Terms or any other iRoofing terms, conditions, or policies related to use of the Application (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the iRoofing website (https://iroofing.org) or within this Application.  Continued use of the Application following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications.  Only a specific, written waiver signed by an authorized representative of iRoofing shall have any legal effect as a waiver by iRoofing of any Terms of this Agreement.

Third Party Beneficiary

User agrees that iRoofing’s service providers, licensors, or others involved in creating or providing the Application are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.

Contact Us

If you have any questions regarding our privacy practices, you can email us at: [email protected]