Terms of Use

Last Updated: January 24, 2025

Introduction and Acceptance of Terms

Welcome to https://www.instantroofer.com/ (the “Site”), owned and operated by Up On The Roof Technologies, Inc. d/b/a Instant Roofer (the “Company,” “we,” “us,” or “our”). These Terms of Use (the “Terms”) govern your access to and use of our Site and any related features, services, applications, or technologies (collectively, the “Services” or “Technology”).

By accessing or using the Site or Services, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (the “Privacy Policy”). If you do not accept or agree with these Terms or the Privacy Policy, you must discontinue your use of the Site and Services.

When using a particular service or accessing certain materials on or through the Site, you may be subject to additional terms or rules specific to that service or those materials, which are in addition to these Terms. Such additional terms or rules are hereby incorporated by reference. If you do not agree to them, you should not use the relevant services or materials.

1. Consumer Communication

To ensure accuracy and courtesy in customer service, calls between you and the Company, and/or our affiliates, agents, or case managers may be recorded. We may also periodically call or send SMS text messages to any telephone number associated with your account for service-related updates, assistance, or important notifications.

You certify, warrant, and represent that the telephone numbers and email addresses you provide are your own and that you are authorized to receive calls and messages at those numbers. You agree that the Company may send emails or other electronic communications to the extent permitted by law. We do not send promotional SMS or automated calls without your explicit consent.

2. Prohibited Use of Automated SMS Messaging and Automated Calls

Contractors receiving leads from the Company are strictly prohibited from using automated SMS (“robotexts”) or robocalls to contact homeowners unless the homeowner has given express prior consent. Consent cannot be inferred or assumed. Where consent is obtained, the contractor must comply with all applicable laws and regulations governing automated messages, including providing an effective opt-out mechanism.

Contractors found in violation of this policy may face suspension or termination of their relationship with the Company and could be subject to further legal action. All use of the Site, Services, and Technology must adhere to the Telephone Consumer Protection Act (TCPA) and related regulations. You may review the latest TCPA regulations here.

3. Intended United States Use Only

The Site, Services, and Technology are controlled and operated within the United States. We make no representation that our Site, Services, or Technology are available or appropriate for use in any other jurisdiction. Use outside of the United States is strictly prohibited.

4. Ownership and Intellectual Property Rights

All content and software used on or incorporated into the Site or Services, including (but not limited to) text, graphics, logos, interfaces, trademarks, service marks, trade names, images, videos, and software (collectively, the “Company Technology”), is owned by or licensed to Up On The Roof Technologies, Inc. d/b/a Instant Roofer and is protected by U.S. and international intellectual property laws.

Except as expressly provided, nothing in these Terms grants you any right or license to the Company Technology. The Company enforces its intellectual property rights to the fullest extent permitted by law.

5. Embedding Our Technology on Contractor Websites

If you are a contractor and embed or integrate our Technology (e.g., estimators, widgets) on your website:

No Ownership
You do not acquire any ownership or intellectual property rights to our Technology.
Modifications
We reserve the right to modify, update, suspend, or discontinue any aspect of the Technology at any time, without notice or liability.
Attribution
You must provide clear attribution to “Powered By Instant Roofer” on any indexable page where our Technology appears, in a reasonably visible manner.

6. Contractor Licensing and Insurance Disclaimer

We do not verify or guarantee the licensing, insurance status, or credentials of any contractor. You are solely responsible for verifying that any contractor you choose to hire has the necessary qualifications, licenses, and insurance required by law. We disclaim all liability for any damages or losses arising from contractor misrepresentations.

7. Local Law Compliance

Each user or contractor is responsible for complying with all local, state, and federal laws, regulations, and codes relevant to roofing, construction, and related services. We do not represent that the Site, Services, or Technology comply with the laws of any jurisdiction outside the United States.

8. Potential Inaccuracies and No Guarantees

No Guarantee on Technology Accuracy
While we strive for accurate estimates and calculations, we make no guarantees regarding the accuracy, completeness, or reliability of the outputs generated by our Technology.
No Guarantee of Uptime
The Site and Services are provided on an “as-is” and “as-available” basis. Outages or maintenance may occur without notice.
No Endorsement of Contractors
We do not endorse or guarantee the work, skill, or qualifications of any contractor. Contractors are independent third parties, and we are not responsible for their acts or omissions.
No Guarantee of Estimates
Any cost or roof measurement estimates generated by our Technology are approximate and subject to change. Homeowners and contractors assume all risks of using or relying upon these estimates.

9. Limitation of Liability for Mistakes and Damages

Technology Errors
By using our Site or Technology, you acknowledge that it may contain errors or inaccuracies, and you agree to hold the Company harmless from any damages or liability arising from such errors or inaccuracies.
Contractor Conduct
The Company is not liable for any contractor mistakes, misrepresentations, or other conduct. We are not a party to any agreements or disputes between you and contractors.

10. Lead Information and Sharing with Partners

By using our Site or Services, you consent to our sharing of your lead information (e.g., personal data, project details) with select partners for legitimate business purposes, such as performing soft credit pulls, financing, or lead qualification. Please review our Privacy Policy for more details on how we handle your information.

11. Do Not Contact Requests

If you request “Do Not Contact” status, we will honor that request and ensure you are not contacted through our Technology. In such cases, you will not be allowed to use the Technology (including via our Site or any embedded version on other websites).

12. Deposit for Roof Orders

When you place a deposit via our “Roof Orders Online” product:

No Guarantee of Work or Final Price
A deposit does not constitute a binding agreement for services, and we do not guarantee the estimate or availability of any contractor.
Right to Refuse
Contractors and the Company each reserve the right to refuse or cancel any project for any lawful reason.
Refunds
You may request a refund within 30 days of placing the deposit. Refunds may be requested by the homeowner or the contractor. The Company, at its sole discretion, may also cancel a roof order and issue a refund.

13. Contractor-Uploaded Materials

Contractors may upload custom roof materials, images, or other content (“Contractor Content”) via our Technology. The Company makes no claim of ownership over such Contractor Content; we act merely as a platform, similar to a social media service.

Copyright Claims: If you believe any Contractor Content infringes your intellectual property rights, please notify us at [email protected] with sufficient detail to investigate the claim.

14. Fraudulent Activity

Any suspected or actual fraudulent activity by a homeowner, contractor, or other user will be reported to the appropriate authorities. We reserve the right to fully cooperate with law enforcement and regulatory agencies in investigations and prosecutions.

15. Restrictions on Use

You agree not to:

Reproduce, distribute, publicly display, or transfer the Site or Technology.
Adapt, alter, modify, reverse engineer, disassemble, or decompile the Site or Technology.
Remove or modify any copyright, trademark, or proprietary notices.
Frame or mirror the Site without our express written permission.
Use the Site or Services for unlawful, fraudulent, or malicious purposes.
Attempt to gain unauthorized access to any accounts, systems, or networks.
Interfere with any security measures.
Post or transmit unlawful, harmful, threatening, abusive, or otherwise objectionable content.
Submit false or misleading information.
Infringe or misappropriate the intellectual property rights of the Company or any third party.

We reserve the right to prohibit access or usage that we, in our sole discretion, deem harmful to the Site, Services, brand, or users, or that violates these Terms or applicable law.

16. Disclaimer of Warranties

THE SITE, SERVICES, AND TECHNOLOGY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE, SERVICES, OR TECHNOLOGY WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ANY RELATED PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF (OR INABILITY TO USE) THE SITE, SERVICES, OR TECHNOLOGY.

IN ALL EVENTS, THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU (IF ANY) TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

18. Indemnification

You agree to indemnify, defend, and hold harmless Up On The Roof Technologies, Inc. d/b/a Instant Roofer, its affiliates, and each of their respective officers, directors, employees, agents, and licensors (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to:

Your use or misuse of the Site, Services, or Technology;
Your breach or violation of these Terms;
Your violation of any applicable law or regulation; or
Your infringement or violation of any third-party right, including intellectual property, confidentiality, or privacy.

19. No Third-Party Beneficiaries

These Terms are between you and the Company. No third party shall have any rights to enforce any part of these Terms, unless otherwise expressly stated.

20. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21. Right to Refuse Services

We reserve the right, in our sole discretion, to refuse or discontinue the Services or your access to the Site or Technology for any lawful reason, including but not limited to breach of these Terms or conduct deemed harmful to our interests or other users.

22. Dispute Resolution and Arbitration

Arbitration Agreement
You agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms, the Site, or the Services (a “Dispute”) shall be resolved by binding arbitration, rather than in court, except that either party may assert claims in small claims court if they qualify.
Class Action Waiver
You and the Company each waive any right to participate in a class or representative action related to any Dispute. The arbitrator may not consolidate the claims of multiple parties.
No Jury Trial
By agreeing to arbitration, you are waiving your right to a jury trial and to participate in class actions or similar proceedings.
Arbitration Procedure
Arbitration shall be administered by the American Arbitration Association (“AAA”) under its rules. Judgment on the award may be entered in any court having jurisdiction. The arbitration shall take place in Delaware, unless otherwise required by law.
Prior to initiating arbitration, the parties agree to attempt good faith informal resolution for at least 30 days. If the Dispute is not resolved informally, it shall be submitted to arbitration.

23. Termination and Enforcement

We may, in our sole discretion and without prior notice, block or terminate your access to the Site or Services if we believe you have violated these Terms or any associated policies. You remain liable for any obligations incurred before termination.

24. Severability

If any provision of these Terms or the Privacy Policy is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

25. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising under or relating to these Terms that is not subject to arbitration shall be litigated exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

26. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Site, Services, and Technology, superseding any prior or contemporaneous agreements, communications, or understandings, whether written or oral.

27. Copyright Notice

All content on the Site and all materials provided through the Services are © Up On The Roof Technologies, Inc. d/b/a Instant Roofer. All rights reserved. You may not reproduce, distribute, display, or create derivative works from such content without our express written permission.

28. Contact Information

If you have any questions or concerns about these Terms or any of our policies, please contact us at:

Phone: (808) 351-5713
Email: [email protected]

By using the Site or our Services, you acknowledge that you have read and agree to these Terms of Use. Thank you for choosing Instant Roofer!

29. No Relationship or Obligation Arising from Use of the Site

The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained and who is licensed in your state. Online readers should seek professional counsel about their legal rights and remedies. You should not act or refrain from acting based on any information found on the Site. The Company expressly disclaims all liability with respect to actions taken or not taken based on any information or contents of this Site. Viewing the Site or communicating with the Company does not create a consulting-client relationship.

30. Accounts

Some features of the Site may require you to create an account. By doing so, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account login information and for all content or actions originating from your account. You must notify us immediately of any unauthorized use of your login. We may suspend or terminate your account for suspected illegal or improper use or for other reasons, at our sole discretion.

31. Confidentiality Is Not Guaranteed

Information sent to the Company via email or through the Site is not secure and is transmitted on a non-confidential basis. While we may make reasonable efforts to keep communications private, the nature of internet communications means we cannot guarantee confidentiality, particularly in the absence of an attorney-client relationship.

32. Use of Instant Roofer Applications (Bots)

By signing up as a contractor with Instant Roofer, you consent to the use of automated technology (“bots”) that verify the presence and functionality of our applications on your company’s website. The information collected by these bots is solely to monitor and maintain the health and safety of our applications. We do not sell the information gathered by these bots. For more details on what our technology collects, please refer to our Instant Roofer Bots Information Page.

33. The Company Is Not Responsible for Content; Additional Limitation of Liability

We may periodically change, remove, or add material on the Site without notice. Such material may contain technical or typographical errors, and we do not guarantee its accuracy or completeness. Under no circumstances shall the Company or any party involved in the creation or delivery of the Site be liable for any indirect, special, incidental, or consequential damages arising from your use or inability to use the Site or content.

34. Third-Party Websites

The Site may contain links to third-party websites for your convenience. These links do not constitute an endorsement, sponsorship, or recommendation by the Company. We are not responsible for the content, availability, or practices of such third-party sites, and your use of those sites is at your own risk.

35. Company Clients

Only individuals who have entered into a mutually signed retainer or similar agreement with the Company are considered “Company Clients.” Certain portions of the Site may be restricted to use only by Company Clients. If you are a Company Client using such portions to communicate with us, we will take commercially reasonable measures to preserve confidentiality and any applicable attorney-client privilege for the information you provide through those specific areas.

36. Legal and Ethical Requirements

We strive to comply with all legal and ethical requirements in the compilation and operation of the Site. We welcome comments about our compliance and will update the Site as warranted upon learning of new or different requirements.

37. Submissions

You are solely responsible for any information, content, or material you transmit to or through the Site (“Submissions”), which are considered non-confidential and non-proprietary. By submitting content, you grant the Company an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute such content without compensation to you or third parties. You represent and warrant that you have all necessary rights to grant such licenses and that your Submissions do not infringe any third-party rights or violate any applicable laws.

The Company assumes no responsibility or liability for any Submission.

38. International Use

The Site is controlled, operated, and administered by the Company from offices within the United States. It is intended only for use within the United States, and we make no representation regarding its availability or use in other jurisdictions.

39. Other Terms

If any provision of these Terms or the Privacy Policy is deemed unenforceable by a court of competent jurisdiction, it shall be enforced to the greatest extent permissible, and the remainder of these Terms shall remain in full force and effect. The Company’s failure to act with respect to a breach by you or others does not waive our right to act on subsequent or similar breaches. No consent or waiver by the Company is effective unless in writing and signed by an authorized representative.

The Company may, in its sole discretion and without notice, block and/or terminate your access to the Site if we determine you have violated these Terms or otherwise engaged in conduct deemed unacceptable by us.