REQUIRES LEGAL REVIEW BEFORE PUBLISHING
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These Terms of Service govern your use of eWalk ScopeGuard Pro. Please read them and the linked policies carefully, including the Customer Responsibility Terms, Contractor Responsibility Terms, and Report Responsibility Notice.
These Terms of Service are an agreement between you and Attic Doctors LLC, a New Jersey limited liability company doing business as eWalk ScopeGuard Pro (“EW,” “eWalk,” “we,” “us,” or “our”). EW owns or operates the eWalk ScopeGuard Pro software platform, websites, applications, contractor portal, reporting tools, estimation tools, AI-assisted features, payment features, and related services. Written legal notices may be mailed to: Attic Doctors LLC Attn: Legal Notices 18 Maplewood Boulevard Suffern, New York 10901 United States Legal notices may also be emailed to: eWalk@eWalkScopeGuardPro.com Email delivery alone does not replace a legally required method of service when applicable law requires another method. Attic Doctors LLC is the legal operator of the Service. eWalk ScopeGuard Pro is the product and trade name. Attic Doctors LLC is organized as a New Jersey limited liability company and maintains a New Jersey business location. The company’s New Jersey organization does not limit the geographic availability of the Service to New Jersey. Users may access the Service from other states, subject to applicable law and Service availability. Users are responsible for determining whether their use of the Service is lawful in their jurisdiction. EW is not licensed in every state, approved by every state, available internationally, compliant with every jurisdiction, or a contractor, architect, engineer, inspector, or licensed trade professional. By accessing or using the Service, you agree to be bound by these Terms and the policies linked from them, including the Customer Responsibility Terms, Contractor Responsibility Terms, Report Responsibility Notice, and the Consumer User Addendum (for a Consumer User). If you do not agree, do not use the Service or attempt to purchase Project Credits or subscriptions.
You accept these Terms by an affirmative electronic action, such as checking the acceptance box at checkout or completing another required protected action. Accessing, browsing, or remaining silent does not by itself constitute affirmative acceptance. An already-checked box or a footer link alone is not treated as affirmative acceptance. EW records the authenticated user, authoritative company, role, policy versions, acceptance source, and timestamp server-side. Where applicable law requires a consumer’s affirmative electronic consent, EW requests it before relying on that consent.
You must be at least 18 years old and legally able to enter contracts to use the Service. You must register using accurate information and have the authority to bind any company or organization on whose behalf you act. You are responsible for all activity under your account and for charges incurred by your company.
These Terms recognize three user categories: BUSINESS USER — A person or organization using the Service primarily for business, commercial, construction, investment, property-management, professional, governmental, nonprofit, or organizational purposes. CONTRACTOR USER — A contractor, subcontractor, consultant, estimator, inspector, supplier, vendor, or other service provider accessing the Service in connection with professional or commercial services. CONSUMER USER — A natural person using the Service primarily for personal, family, or household purposes. Actual use and applicable law control classification. A user’s selection does not override mandatory law. A Contractor User is ordinarily treated as a Business User unless applicable law requires otherwise. A company account is ordinarily treated as a Business User. A homeowner using the Service for a personal residence may be a Consumer User depending on the circumstances and applicable law.
The Service is currently intended for customers and authorized users located in the United States. The Service is not limited to New Jersey merely because Attic Doctors LLC is organized in New Jersey or maintains a New Jersey business location. A user may not access or use the Service where doing so would violate applicable law. EW does not represent that the Service is appropriate, authorized, or legally available in every jurisdiction outside the United States. EW does not represent that the Service is international unless international operations, taxes, privacy requirements, payments, and support have been separately configured and approved.
You must keep usernames, passwords, invitation links, and access credentials confidential and secure. You are responsible for all activity under your account and for authorizing and removing authorized users. You must promptly remove access when an employee, contractor, or other user is no longer authorized, and you must ensure authorized users comply with these Terms.
Customers are responsible for: - The accuracy, completeness, quality, and legality of Customer Data - The means by which Customer Data was obtained - Having authority and permission to upload, process, and share the Customer Data - Activities performed through authorized user accounts - Keeping usernames, passwords, invitation links, and access credentials confidential - Removing access when an employee, contractor, or other user is no longer authorized - Ensuring authorized users comply with the Terms - Correcting materially inaccurate or incomplete Customer Data - Maintaining appropriate original records and backups EW may process Customer Data as submitted and has no general duty to independently inspect, authenticate, measure, investigate, or verify it. This does not excuse EW from liability for EW’s own independent conduct or obligations that cannot lawfully be excluded.
EW is a software platform provider only. EW is not acting as a general contractor, subcontractor, architect, engineer, building inspector, code official, surveyor, appraiser, environmental consultant, licensed trade professional, construction manager, owner’s representative, employer, agent, or guarantor of any customer or contractor. EW does not inspect properties, supervise construction, direct contractor work, approve workmanship, certify code compliance, verify contractor licenses or insurance, or guarantee customer information, contractor information, estimates, bids, reports, or construction results. See the Customer Responsibility Terms and Contractor Responsibility Terms for the complete statements.
Contractors in the network are independent third parties, not agents or employees of EW. Any contract you sign with a contractor is between you and that contractor. EW is not a party to construction contracts. Contractors must independently verify all customer-provided information and site conditions before bidding, purchasing materials, contracting, or performing work, and may not rely solely on EW-generated information. See the Contractor Responsibility Terms.
Estimates, scope lines, labor hours, material quantities, cost ranges, reports, RFQs, bid comparisons, punch lists, schedules, change orders, and AI-generated recommendations produced by the Service are planning and communication tools only. They are not a guaranteed estimate, professional inspection, engineering report, architectural document, construction contract, code-compliance certification, or warranty. The Report Responsibility Notice applies to every supported report output. See the Report Responsibility Notice.
Disputes involving property information, measurements, quantities, bids, pricing, omissions, workmanship, delays, payments, change orders, damages, code compliance, licensing, insurance, safety, or contract performance are solely between the customer, contractor, and participating third parties. Using EW to transmit RFQs, bids, messages, reports, approvals, schedules, change orders, documents, or payment-related records does not make EW a party to the underlying transaction, project, or contract.
One Project Credit permits the successful creation of one new, non-demo Property project in eWalk ScopeGuard Pro. A credit is consumed only after a project is successfully created. The following consume zero credits: opening the New Property form; canceling project creation; validation failure; duplicate-property warnings; checkout cancellation; property-creation failure; credit-consumption failure that rolls back; opening, editing, or resetting the Demo Project; demo reports; and editing an existing real project. Credits belong to the company account and may be used by any authorized internal user of that company. Separately purchased credits do not expire while the company account remains active. Monthly subscription-included credits expire at the end of the billing cycle in which they are issued and do not roll over. See the Project Credit Policy for the complete rules.
By starting a checkout, you authorize the configured payment provider to charge the displayed amount for the selected plan or credit pack. Prices and included credits are shown on the Pricing page before checkout. Paid subscriptions provide access to platform features and may include monthly Project Credits; billing is recurring until canceled. Payment-card details are handled by the payment provider; EW does not store full card credentials. Subscription cancellation, renewal, and credits after cancellation are described in the Subscription Cancellation Policy.
Users retain ownership of their original User Content (property data, photos, videos, audio, transcripts, documents, scope, and other content they submit). No ownership of User Content transfers to EW merely because the content is uploaded to or processed through the Service. Users grant EW a limited, nonexclusive license to host, process, display, secure, and back up Customer Data and to generate the requested outputs, solely to operate and provide the Service. Users are responsible for ensuring their User Content does not infringe the rights of others or violate applicable law. EW may remove or disable access to User Content that violates these Terms or applicable law.
The Service, including its software, interfaces, designs, workflows, databases, text, graphics, logos, trademarks, calculations, templates, documentation, and other content supplied by EW, is owned by or licensed to Attic Doctors LLC, doing business as eWalk ScopeGuard Pro, and is protected by applicable intellectual-property laws. Subject to the user’s continued compliance with these Terms and payment of applicable fees, EW grants the user a limited, nonexclusive, nonsublicensable, and nontransferable right to access and use the Service during the applicable access period for the user’s authorized internal business, property-management, estimating, construction-planning, or personal project purposes. This license may be suspended or terminated only as permitted under Section 17 of these Terms. An authorized user may: - Use the Service for the company account to which the user has been granted access - Download and use reports and Generated Output for the applicable projects - Share project reports and Generated Output with property owners, employees, contractors, consultants, lenders, insurers, and other authorized project participants - Make reasonable archival copies of downloaded reports and records Except as expressly permitted by these Terms or applicable law, a user may not: - Copy, reproduce, sell, rent, sublicense, distribute, or commercially exploit the Service itself - Resell access to the Service - Reverse engineer, decompile, disassemble, or attempt to discover source code or nonpublic algorithms - Circumvent authentication, security, usage, or access controls - Scrape or extract data through an unauthorized automated process - Use the Service or its nonpublic structure to create a substantially competing software service - Remove copyright, trademark, confidentiality, or ownership notices - Use EW’s names, logos, trademarks, or branding without authorization These restrictions do not prohibit activity that applicable law does not permit EW to restrict, including legally protected interoperability, security-research, archival, or computer-program rights. Users retain ownership of their original User Content. No ownership of User Content transfers to EW merely because the content is uploaded to or processed through the Service. The limited license granted to EW concerning User Content is governed by Section 14 (User Content) of these Terms and is limited to operating, securing, maintaining, and providing the Service and the outputs requested by authorized users.
A user may use the Service only for lawful and authorized purposes. A user must not: - Violate applicable law, regulation, court order, permit, license, or another person’s legal rights - Engage in fraud, deception, theft, money laundering, or unlawful financial activity - Misrepresent the user’s identity, company, authority, qualifications, licenses, insurance, or relationship to a property or project - Knowingly submit materially false, misleading, incomplete, or fabricated information - Access or attempt to access another company’s account, projects, contractor information, payment information, or nonpublic records without authorization - Upload malware, ransomware, spyware, destructive code, or material designed to interfere with the Service - Probe, scan, test, attack, disable, overload, or interfere with the Service or its security without EW’s written authorization - Share passwords, restricted contractor links, authentication tokens, or portal credentials with an unauthorized person - Attempt to alter Project Credit balances, payment records, ledger transactions, policy-acceptance records, company ownership, or access permissions without authorization - Upload content that infringes intellectual-property, privacy, confidentiality, publicity, or other legal rights - Harass, threaten, discriminate against, or unlawfully target another user - Use the Service to evade contractor licensing, permitting, code, inspection, insurance, tax, labor, workplace-safety, or other legal requirements - Use automated bots, scraping tools, or bulk-access systems except through an interface expressly authorized by EW - Represent Generated Output as a professional certification, guaranteed bid, engineering document, architectural document, inspection, appraisal, or code-compliance determination - Use the Service for an unlawful, unsafe, or deceptive construction or property transaction A violation of this section may result in restrictions, suspension, or termination under Section 17. The availability of reporting, validation, AI, estimating, contractor, or approval tools does not relieve any user of the user’s own professional, contractual, safety, licensing, or legal responsibilities.
A customer may cancel automatic subscription renewal as provided in the Subscription Cancellation Policy. Subscription cancellation and account deletion are separate actions. EW may temporarily restrict or suspend access when EW reasonably and in good faith determines that action is necessary to: - Protect the security or integrity of the Service - Prevent suspected fraud or unauthorized access - Protect customer, contractor, payment, or confidential information - Prevent material harm to EW, a user, a property, or a third party - Respond to an apparent violation of law - Comply with a court order, government request, or legal obligation - Address nonpayment or a reversed, disputed, or unauthorized payment - Investigate a material violation of these Terms - Respond to misuse of contractor invitations, restricted project links, payment systems, Project Credits, or account permissions EW may suspend access immediately when delay could reasonably create a security, fraud, legal, safety, or data-protection risk. For nonpayment or another curable material breach that does not require immediate action, EW will ordinarily provide notice and at least ten calendar days to cure before permanently terminating access. EW may permanently terminate access for: - Fraud or intentional unlawful conduct - Repeated or uncured material violations - Serious security abuse - Unauthorized access to another company’s information - Deliberate manipulation of billing or Project Credit records - Conduct that creates a continuing material risk to EW or other users - A legal requirement that prohibits continued service Where legally permitted and reasonably practicable, the suspension or termination notice will identify the general reason and provide a method to contact support. Upon termination: - The license to access and use the Service ends - Subscription renewal stops when cancellation has been properly completed - Account deletion does not occur automatically - Existing projects are not automatically deleted solely because a subscription was canceled - Data handling remains governed by the Privacy Policy - Refund and Project Credit rights remain governed by the applicable Refund, Cancellation, and Project Credit Policies - Rights that cannot lawfully be forfeited remain preserved Where reasonably practicable, users should export available project reports and records before access ends. Nothing in this section permits EW to retain payments, cancel credits, delete information, or deny remedies in violation of applicable law or the other published policies.
This section applies only to Business Users and company accounts. It does not apply to a Consumer User acting primarily for personal, family, or household purposes. To the fullest extent permitted by applicable law, a Business User will indemnify and hold harmless Attic Doctors LLC, doing business as eWalk ScopeGuard Pro, and its affiliates, officers, employees, contractors, licensors, and service providers—the “EW Protected Parties”—from a third-party claim and the resulting damages, judgments, penalties, settlements, reasonable defense costs, and reasonable attorneys’ fees, but only to the extent the claim was caused by: - User Content supplied, uploaded, approved, or distributed by the Business User or its authorized users - Information the Business User knew or reasonably should have known was materially false, misleading, unlawful, or incomplete - The Business User’s material violation of these Terms or applicable law - The Business User’s fraud, willful misconduct, or unlawful activity - Infringement or misappropriation caused by the Business User’s User Content - Knowing unauthorized disclosure of confidential, private, or proprietary information - An unauthorized or materially false representation concerning ownership, control, access, or authority relating to a property, project, company, contractor, or account - Instructions, approvals, specifications, or representations the Business User supplied to a contractor or project participant - A contract, purchase, payment, instruction, approval, change order, property-access arrangement, or dispute between the Business User and a contractor or other third party - The Business User’s failure to correct information it knew was materially inaccurate - Unauthorized access caused by the Business User’s failure to use reasonable safeguards for its credentials, invitations, devices, or authorized-user access This indemnification applies only to third-party claims. It does not prevent the Business User from bringing a direct claim against EW. The Business User’s obligation applies only to the portion of a claim caused by the Business User or a person for whom the Business User is legally responsible. The Business User is not required to indemnify an EW Protected Party for: - EW’s breach of these Terms - EW’s negligence - EW’s gross negligence - EW’s willful misconduct - EW’s fraud - Liability caused solely by an EW Protected Party - Liability that applicable law prohibits from being transferred Nothing in this section requires indemnification for EW’s sole negligence or for any liability prohibited from transfer by N.J.S.A. 2A:40A-1, another applicable construction anti-indemnity statute, or applicable public policy. EW must provide reasonably prompt written notice of a covered claim. A failure to provide prompt notice reduces the Business User’s obligation only to the extent the delay materially prejudices the defense. The Business User may control the defense using reasonably qualified counsel, subject to the EW Protected Party’s right to participate using its own counsel at its own expense. The Business User may not settle a claim in a manner that: - Admits fault or liability by an EW Protected Party without written consent - Imposes a nonmonetary duty on an EW Protected Party without written consent - Requires an EW Protected Party to make a payment not covered by the indemnification - Fails to provide the EW Protected Party with a complete release from the covered claim Consent may not be unreasonably withheld, conditioned, or delayed.
This section applies to Contractor Users, including contractors, subcontractors, consultants, estimators, inspectors, suppliers, vendors, and other professional or commercial service providers using or receiving information through the Service. To the fullest extent permitted by applicable law, a Contractor User will indemnify and hold harmless the EW Protected Parties from a third-party claim and the resulting damages, judgments, penalties, liens, settlements, reasonable defense costs, and reasonable attorneys’ fees, but only to the extent the claim was caused by: - The Contractor User’s bids, estimates, reports, measurements, quantities, pricing, assumptions, exclusions, statements, or omissions - The Contractor User’s failure to independently inspect or verify customer information, measurements, quantities, site conditions, plans, specifications, materials, scope, codes, permits, pricing, or schedule - Work performed or not performed by the Contractor User - Acts or omissions of the Contractor User’s employees, subcontractors, suppliers, consultants, or agents - Workmanship, supervision, means, methods, sequencing, scheduling, coordination, or quality control - Workplace or jobsite safety for which the Contractor User is responsible - Bodily injury, death, or property damage caused by the Contractor User or a person for whom the Contractor User is legally responsible - Tools, equipment, vehicles, materials, or products supplied, selected, controlled, or used by the Contractor User - Defective work, incomplete work, delay, abandonment, or failure to correct work - Permitting, inspection, code, licensing, insurance, tax, wage, employment, labor, workplace-safety, or lien obligations for which the Contractor User is responsible - The Contractor User’s violation of applicable law, contract, permit, code, or another person’s legal rights - User Content supplied or distributed by the Contractor User - Contracts, payments, change orders, purchase orders, or disputes involving the Contractor User and a customer, subcontractor, supplier, worker, consultant, or other third party - Unauthorized access caused by the Contractor User’s failure to reasonably secure credentials, invitations, devices, or restricted project access This indemnification applies only to third-party claims. It does not prevent the Contractor User from bringing a direct claim against EW. The obligation applies only to the portion of a claim caused by the Contractor User or a person for whom the Contractor User is legally responsible. The Contractor User is not required to indemnify an EW Protected Party for: - EW’s breach of these Terms - EW’s negligence - EW’s gross negligence - EW’s willful misconduct - EW’s fraud - Liability caused solely by an EW Protected Party - Liability that applicable law prohibits from being transferred Nothing in this section requires indemnification for EW’s sole negligence or for any liability prohibited from transfer by N.J.S.A. 2A:40A-1, another applicable construction anti-indemnity statute, or applicable public policy. EW must provide reasonably prompt written notice of a covered claim. A failure to provide prompt notice reduces the Contractor User’s obligation only to the extent the delay materially prejudices the defense. The Contractor User may control the defense using reasonably qualified counsel, subject to the EW Protected Party’s right to participate using its own counsel at its own expense. The Contractor User may not settle a claim in a manner that: - Admits fault or liability by an EW Protected Party without written consent - Imposes a nonmonetary duty on an EW Protected Party without written consent - Requires an EW Protected Party to make a payment not covered by the indemnification - Fails to provide the EW Protected Party with a complete release from the covered claim Consent may not be unreasonably withheld, conditioned, or delayed.
This section applies only to a Consumer User. Business Users and Contractor Users remain subject to the separate business and contractor indemnification provisions of these Terms. To the fullest extent permitted by law, a Consumer User will indemnify and hold harmless EW and its affiliates, officers, employees, and service providers from a third-party claim, but only to the extent the claim is directly caused by the Consumer User’s: - Fraud or intentional misconduct - Knowing and material submission of false information - Unlawful use of the Service - Knowing infringement of another person’s intellectual-property rights - Knowing unauthorized disclosure of another person’s confidential or private information - Unauthorized access to another account, company, property, or project - Material violation of another person’s legal rights This limited obligation does not apply to: - An ordinary mistake or inadvertent omission by the Consumer User - A claim based solely on Generated Output - The independent conduct of a contractor or another third party - EW’s breach of these Terms - EW’s negligence - EW’s gross negligence - EW’s willful misconduct - EW’s fraud - A statutory or consumer liability that cannot lawfully be shifted EW must provide reasonably prompt notice of a covered third-party claim. A Consumer User will not be required to pay a settlement that: - Was entered without reasonable notice to the Consumer User - Admits fault by the Consumer User without consent - Imposes a nonmonetary obligation on the Consumer User without consent - Includes amounts attributable to conduct for which the Consumer User is not legally responsible This section applies only to third-party claims. It does not limit a Consumer User’s right to bring a direct claim against EW.
To the fullest extent permitted by law, customers, contractors, subcontractors, suppliers, employees, and other third parties release EW from claims arising from their own conduct or the conduct of other users and third parties. Disputes between a customer and a contractor (including information, measurements, quantities, bids, pricing, omissions, workmanship, delays, payments, change orders, damages, code compliance, licensing, insurance, and safety) are solely between those parties. Using EW to transmit RFQs, bids, messages, reports, approvals, schedules, change orders, documents, or payment-related records does not make EW a party to the underlying transaction, project, or contract.
EW retains information only for as long as reasonably necessary for the purposes described in the Privacy Policy, to provide and secure the Service, to comply with applicable law, and to establish, exercise, or defend legal rights. Subscription cancellation does not automatically delete an account, company, project, report, or associated information. Account deletion is a separate verified request. Unless a longer period is reasonably necessary or required by applicable law, legal process, contract, fraud prevention, security, tax, accounting, insurance, dispute resolution, or a legal hold, EW uses the following general retention schedule: Active Accounts and Projects Account profiles, company records, active projects, rooms, scopes, reports, contractor communications, photos, documents, and other project content are generally retained while the relevant account or company remains active. Account Deletion After EW verifies and approves an account-deletion request, applicable personal information and project content scheduled for deletion will generally be deleted from active production systems or irreversibly de-identified within 90 days. Backup Copies Residual copies in encrypted or access-restricted backups may remain until the applicable backup is securely overwritten or expires through the ordinary backup cycle, generally no later than 180 days after deletion from active production systems. During that period, backup information will not be restored to active use except when reasonably necessary for disaster recovery, security, legal compliance, or system-integrity purposes. Financial, Credit, and Acceptance Records Payment records, Project Credit ledger records, refunds, charge disputes, subscription records, invoices, tax and accounting records, policy versions, policy acceptances, responsibility acceptances, and records needed to establish the transaction history may generally be retained for seven years after the applicable transaction, account closure, or conclusion of the related dispute, whichever is later. The seven-year period is an EW records-management policy and does not mean that every record is legally required to be retained for seven years. Security and Audit Records Authentication records, access records, permission changes, security events, audit logs, and fraud-prevention records may generally be retained for up to 24 months after creation, or longer when reasonably necessary to investigate an incident or comply with law. Support Records Support tickets and associated communications may generally be retained for three years after the ticket is closed. Incomplete Checkout Records Incomplete, abandoned, canceled, or declined checkout-attempt records that did not result in a completed transaction may generally be retained for up to 12 months for security, reconciliation, fraud prevention, troubleshooting, and customer-support purposes. Deletion-Request Suppression Records EW may retain the minimum information reasonably necessary to document and honor a deletion request and to help prevent deleted information from being unintentionally reintroduced. Legal Holds and Disputes EW may retain otherwise eligible information for longer when reasonably necessary to: - Comply with a legal obligation, subpoena, court order, regulatory request, insurance requirement, or legal hold - Complete a refund, charge dispute, payment reconciliation, or Project Credit correction - Investigate fraud, misuse, unauthorized access, safety concerns, or a security incident - Establish, exercise, or defend a legal claim - Enforce these Terms or another applicable agreement De-identified Information EW may retain information that has been irreversibly de-identified or aggregated so that it cannot reasonably be linked to an identified or identifiable individual. EW will not attempt to re-identify information represented as de-identified except to test whether the de-identification process remains effective or as otherwise permitted by applicable law. User Copies and Third-Party Copies Deletion from EW’s systems does not delete: - Reports, files, emails, or attachments already downloaded or exported by a user - Copies lawfully retained by another customer, contractor, recipient, payment provider, government authority, or service provider - Information a user independently shared outside the Service Service Providers Information maintained by a service provider will be deleted, returned, de-identified, or retained according to EW’s instructions, the provider agreement, the applicable retention schedule, and applicable law. Requests Account-deletion and data requests may be submitted to: eWalk@eWalkScopeGuardPro.com Suggested subject: Account Deletion Request — eWalk ScopeGuard Pro EW may take reasonable steps to verify the requesting person’s identity and authority before deleting or disclosing information. No deletion promise in these Terms requires EW to delete information that applicable law permits or requires EW to retain. REQUIRES LEGAL REVIEW BEFORE PUBLISHING — The retention schedule above is the published policy. Active-system deletion is enforceable through the platform. Backup-cycle expiration and the irreversibility of de-identification are platform- and provider-managed and must be verified by the platform operator before this marker is removed.
⚠ REQUIRES LEGAL REVIEW BEFORE PUBLISHING
Nothing in these Terms or the Consumer User Addendum waives, limits, or restricts a non-waivable consumer right, statutory warranty, remedy, cancellation right, refund right, venue right, jury-trial right, small-claims right, privacy right, or other protection under applicable federal, state, or local law. A Consumer User retains mandatory protections provided by the law applicable to that Consumer User or transaction. For a New Jersey Consumer User, this includes applicable rights under New Jersey consumer-protection and electronic-transaction laws, including the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.), the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-14 et seq.), and the New Jersey Uniform Electronic Transactions Act (N.J.S.A. 12A:12-1 et seq.). A Consumer User located outside New Jersey retains any mandatory rights provided by the laws applicable to that Consumer User. Where a contractual provision conflicts with mandatory consumer law: - Mandatory law controls - The provision will be interpreted as narrowly as legally permitted - Only the conflicting portion is affected - The remaining lawful provisions continue in effect These Terms do not impose mandatory arbitration, a class-action waiver, or a contractual waiver of the right to a jury trial. Each party ordinarily bears its own attorneys’ fees and costs unless applicable law, a court order, a valid third-party indemnification obligation, or a separate written agreement provides otherwise.
EW disclaims all warranties concerning the Service to the fullest extent permitted by law, including warranties of accuracy, completeness, availability, merchantability, fitness for a particular purpose, professional standard of care, code compliance, work quality, contractor qualifications, and construction results. The Service is provided “as is.” To the fullest extent permitted by law, EW excludes indirect, incidental, consequential, special, exemplary, punitive, and delay damages, lost profits, lost opportunity, increased construction costs, material loss, data loss, and business interruption. The limitations in this section apply to the fullest extent permitted by applicable law. They do not eliminate any liability or remedy that applicable law does not permit the parties to limit or exclude. Business Users and Contractor Users For all claims by a Business User or Contractor User arising out of or relating to the Service, these Terms, or the applicable account, EW’s aggregate liability for direct damages will not exceed the greater of: - The total fees paid or payable to EW by the applicable customer for the Service during the 12 months immediately preceding the event giving rise to the first claim or - Five hundred dollars Consumer Users For all claims by a Consumer User arising out of or relating to the Service, these Terms, or the applicable account, EW’s aggregate liability for direct damages will not exceed the greater of: - The total fees the Consumer User paid to EW for the Service during the 12 months immediately preceding the event giving rise to the first claim or - One hundred dollars The Consumer User cap does not reduce any greater remedy that applicable mandatory consumer law provides and does not permit EW to avoid a liability that applicable law does not allow EW to limit. Aggregate Cap The applicable cap is aggregate and applies collectively to all claims, events, theories of liability, users, authorized users, projects, and transactions arising from the same account or substantially related circumstances. The existence of multiple claims, projects, reports, users, events, or legal theories does not multiply the applicable cap. Exclusions from EW’s Liability Cap EW’s liability cap does not apply to: - A refund, Project Credit restoration, or other specific payment remedy EW is expressly required to provide under the Refund Policy, Project Credit Policy, or applicable law - EW’s fraud - EW’s willful misconduct - EW’s gross negligence - Death or personal injury directly caused by EW to the extent applicable law prohibits limitation - EW’s liability under a law that does not permit the liability or remedy to be limited - A non-waivable statutory privacy, data-security, consumer, or intellectual-property remedy to the extent applicable law prohibits limitation User Obligations Not Limited by EW’s Cap The limits placed on EW’s liability do not limit: - Fees and other amounts a user validly owes EW - A Business User’s valid indemnification obligations under these Terms - A Contractor User’s valid indemnification obligations under these Terms - Liability caused by a user’s fraud or willful misconduct - Liability caused by a user’s knowing unauthorized access - Liability caused by a user’s knowing infringement or misappropriation - An obligation that applicable law does not permit the user to limit This paragraph does not expand the Limited Consumer Indemnification section or impose Business User obligations on a Consumer User. Essential Basis The parties acknowledge that the fees, included features, Project Credit pricing, allocations of responsibility, disclaimers, and limitations in these Terms reflect the allocation of risk between the parties. The limitations apply even when a limited remedy does not fully compensate a party, except where applicable law requires otherwise. Lawful Narrowing If a court determines that a limitation in this section is unenforceable as written, it must be interpreted and narrowed to the maximum extent enforceable under applicable law. Nothing in this section waives the nationwide Consumer Rights Savings Clause or the Consumer User Addendum.
Subject to applicable law, users may receive account, transaction, billing, subscription, renewal, policy, security, support, and other Service-related communications electronically. Where the law requires a consumer’s consent to receive a record electronically, EW will request affirmative consent before relying on electronic delivery. Before obtaining legally required electronic-record consent, EW will provide information concerning: - The categories of records covered by the consent - Whether the consent applies to one transaction or an ongoing relationship - The right to receive the record in paper or nonelectronic form - How to obtain a paper copy - Whether a fee applies to an optional paper copy - How to withdraw electronic-record consent - The effect of withdrawal - How to update the user’s email address or contact information - The hardware and software needed to access and retain the record When required by law, the consent process will be completed in a manner that reasonably demonstrates the user’s ability to access the electronic-record format being used. Withdrawal of electronic-record consent: - Applies prospectively - Does not invalidate a record or transaction previously provided or completed with valid consent - Will not result in a charge unless the charge was clearly disclosed and lawfully agreed to - May limit access to an online-only feature when electronic delivery is reasonably necessary to provide that feature If a material hardware or software change creates a substantial risk that the user can no longer access required electronic records, EW will provide notice and obtain renewed consent when required by law. EW will make applicable Terms, policies, receipts, subscription acknowledgments, and acceptance records available in a form that can be downloaded, printed, retained, and accurately reproduced. EW may maintain: - The complete accepted policy text or an immutable content hash - The policy version - The authenticated user - The authoritative company and role - The acceptance date and time - The acceptance source - The related product, checkout, invitation, project, or protected action - Reasonable security and technical metadata, as disclosed in the Privacy Policy Users are responsible for maintaining a valid email address and promptly updating their account contact information. Electronic delivery does not replace a legally required method of service when applicable law requires personal service, certified mail, or another specific delivery method.
Governing Law Except where mandatory law provides otherwise, these Terms and disputes arising from or relating to the Service are governed by the laws of the State of New Jersey, without regard to New Jersey conflict-of-law principles. New Jersey is selected because Attic Doctors LLC is organized as a New Jersey limited liability company, maintains a New Jersey business location, and operates eWalk ScopeGuard Pro through that entity. The selection of New Jersey law does not limit the geographic availability of the Service to New Jersey. For a Consumer User, this clause does not deprive the Consumer User of a mandatory protection provided by the law applicable to the Consumer User or transaction that cannot lawfully be waived. Business and Contractor Venue Subject to any law that requires another forum, a dispute arising from or relating to the Service or these Terms brought by a Business User or Contractor User must be brought exclusively in a state court of competent jurisdiction located in Mercer County, New Jersey, or the United States District Court for the District of New Jersey. Each Business User and Contractor User consents to personal jurisdiction in those courts. This clause does not apply when a law prohibits the selected venue, a signed enterprise agreement expressly provides another forum, a qualifying small-claims matter is brought where legally permitted, or a government entity is legally prohibited from accepting the venue. Consumer Venue Subject to applicable law, a Consumer User may bring an eligible small-claims matter in a court that has lawful jurisdiction over the Consumer User or the dispute. Nothing in these Terms requires a Consumer User to litigate in New Jersey when applicable law gives the Consumer User a non-waivable right to bring the claim in another jurisdiction. When no mandatory consumer venue right applies, the parties agree to the state courts located in Mercer County, New Jersey, or the United States District Court for the District of New Jersey. Dispute-Resolution Process Before filing a lawsuit other than an urgent request for injunctive relief or an eligible small-claims matter, the complaining party should send a written notice describing the party’s name and account information, the relevant company when applicable, the facts of the dispute, the requested resolution, and relevant transaction or project references. Notice to EW may be sent to Attic Doctors LLC Attn: Legal Notices 18 Maplewood Boulevard Suffern, New York 10901 United States or emailed to eWalk@eWalkScopeGuardPro.com (suggested subject: Legal Dispute Notice — eWalk ScopeGuard Pro). The parties should attempt in good faith to resolve the matter for thirty calendar days after receipt of a sufficiently detailed notice. This informal process does not prevent an urgent request for injunctive relief, prevent an eligible small-claims filing, shorten a legal limitation period, waive a mandatory consumer right, require a consumer to use an unlawful or burdensome procedure, or require arbitration. No Mandatory Arbitration or Collective-Action Waiver These Terms do not require mandatory arbitration. These Terms do not contain a class-action waiver. These Terms do not contain a contractual waiver of the right to a jury trial. Nothing in this statement guarantees that a particular claim qualifies for class treatment or a jury trial; those questions remain governed by applicable law and court procedure.
Entire Agreement These Terms, together with the Privacy Policy, Refund Policy, Subscription Cancellation Policy, Project Credit Policy, applicable responsibility terms, the Consumer User Addendum (for a Consumer User), order forms, and other policies expressly incorporated by reference, constitute the agreement governing use of the Service. A separately signed enterprise agreement or order form controls over these Terms only to the extent it expressly conflicts with these Terms. Mandatory consumer law always controls over a conflicting contractual provision. Severability and Lawful Narrowing If a court determines that part of these Terms is unlawful or unenforceable, that part will be interpreted as narrowly as legally permitted. If lawful narrowing is not possible, the affected portion will be severed and the remaining lawful provisions will continue in effect. No Waiver A failure or delay in enforcing a provision is not a waiver of that provision. A waiver is effective only when made in writing by an authorized representative and applies only to the specific matter identified. Assignment A user may not assign or transfer the user’s account or these Terms without EW’s prior written consent, except where applicable law provides otherwise. EW may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, or sale of all or substantially all relevant business assets, provided that the assignment does not reduce non-waivable consumer rights. EW will provide notice when required by law. Relationship of the Parties The parties are independent contracting parties. These Terms do not create a partnership, joint venture, employment relationship, agency, fiduciary relationship, franchise, or authority for one party to bind the other. No Third-Party Beneficiaries Except for persons expressly protected by a valid indemnification, release, intellectual-property, or limitation provision, these Terms do not create enforceable rights for a person who is not a party to them. Force Majeure Neither party is liable for a delay caused by an event beyond the party’s reasonable control, including natural disaster, widespread utility or internet failure, war, terrorism, civil disturbance, government action, labor disruption, epidemic, or failure of an essential third-party service. Force majeure does not: - Excuse payment obligations that arose before the event - Eliminate refund rights required by law - Permit misuse of customer data - Eliminate obligations that can reasonably be performed despite the event Notices Notices to EW may be sent to: Attic Doctors LLC Attn: Legal Notices 18 Maplewood Boulevard Suffern, New York 10901 United States Email: eWalk@eWalkScopeGuardPro.com Email notice does not replace another method of service when applicable law requires a different method. EW may provide routine notices to the email address associated with the user’s account or through a conspicuous in-app notice. Headings Headings are for convenience and do not alter the meaning of the Terms. Survival Provisions that by their nature should continue after suspension, cancellation, or termination will survive, including provisions concerning accrued payment obligations, ownership and intellectual property, User Content licenses needed for lawful retention or requested exports, warranty disclaimers, limitations of liability, valid indemnification obligations, consumer rights, dispute and governing-law provisions, electronic records, confidentiality, and data handling and retention.
EW may update these Terms and the linked policies from time to time. Material changes will be communicated through the Service. Continued use after changes take effect constitutes acceptance of the updated Terms. A materially revised version requires new acceptance before protected actions and checkout. After Version 6 becomes effective, Version 5 and earlier acceptance remains part of the historical record but does not count as current acceptance. Version 6 affirmative reacceptance is required before checkout and protected actions.