Terms of Service

Bathmath provides tools and services that may include:

• Hosted bathroom remodeling estimate widgets
• Guided project intake and qualification
• Planning estimate ranges
• Lead capture and routing
• Contractor lead notifications
• Contractor-specific question and configuration options
• Geographic and market-based pricing adjustments
• Estimate range calibration
• Website installation or integration assistance
• Analytics, diagnostics, security, and related support
• Other features or services Bathmath may make available

The specific features, plan, pricing, setup assistance, and other terms applicable to a Customer may also be described on a checkout page, order summary, proposal, or other written offer that expressly identifies itself as containing plan-specific or Order Terms.

If there is a direct conflict between these Terms and applicable Order Terms, the Order Terms control only with respect to that conflict.

Any individual purchasing the Service or accepting these Terms must be at least 18 years old and legally able to enter into a binding agreement.

If you subscribe or use the Service for a business, you represent and warrant that:

• You are authorized to act for that business.
• The information you provide is accurate.
• You have authority to provide the business information, website materials, pricing information, and other materials submitted to Bathmath.
• Your use of the Service complies with applicable laws and your own contractual obligations.

Paid Bathmath plans are subscription services unless otherwise stated in writing.

By beginning a paid subscription, you authorize Bathmath and its payment processor to charge the payment method you provide according to the pricing, timing, and billing frequency disclosed to you before purchase.

Subscriptions automatically renew for successive billing periods until canceled, unless the applicable Order Terms state otherwise.

Bathmath Founder Plan

If you purchase the Bathmath Founder Plan:

• The subscription price is $50 per month for the first three monthly billing cycles.
• Beginning with the fourth monthly billing cycle, the subscription price automatically becomes $97 per month.
• The subscription then continues at $97 per month until canceled or changed according to these Terms or later written Order Terms.
• You may cancel at any time.
• The Founder Plan does not require you to remain subscribed for all three introductory billing cycles unless specifically stated otherwise in your Order Terms.

Taxes

Fees do not include taxes unless expressly stated.

Payment Processing

Payments may be processed by Stripe or another third-party payment processor. The Customer’s payment information is handled according to the payment processor’s terms and privacy practices.

Bathmath does not require access to your complete payment card information.

You may cancel a subscription at any time through any cancellation method Bathmath makes available, which may include:

• A Stripe-hosted customer billing portal
• A cancellation link or account feature
• Emailing hello@getbathmath.com

Unless otherwise stated:

• Cancellation takes effect at the end of the current paid billing period.
• The Service remains active through the end of that paid billing period.
• No further recurring subscription charge will be made after cancellation becomes effective.
• Cancellation does not ordinarily produce a prorated refund for the current paid billing period.

Bathmath will not require a Customer to continue using the Service after the applicable paid period ends.

A cancellation request received after a renewal charge has already been completed applies to the next renewal and does not reverse the completed charge, except where required by law or expressly agreed in writing.

Except where required by law or expressly stated in writing:

• Subscription payments are non-refundable.
• Partial billing periods are not prorated.
• Canceling prevents future renewal charges but does not ordinarily refund a billing period that has already begun.

If Bathmath terminates a paid subscription without cause before the end of a prepaid billing period, Bathmath will provide a prorated refund for the unused portion of that period.

If a payment fails, is reversed, disputed, or becomes past due, Bathmath may:

• Retry the payment
• Ask you to update your payment method
• Restrict or suspend the Service
• Stop lead routing
• Deactivate the hosted estimator
• Terminate the subscription

Where practical, Bathmath may provide notice and an opportunity to correct the payment issue before suspension.

The Customer remains responsible for valid charges incurred before cancellation or termination.

Bathmath may request information needed to configure the Service, including:

• Business name and website
• Primary service area
• Project types
• Projects the Customer does or does not perform
• Typical project prices or ranges
• Historic project examples
• Estimate calibration feedback
• Branding materials
• Lead recipient information
• Website platform and installation information

You agree to provide reasonably accurate and complete information.

Target setup or launch dates are estimates unless Bathmath expressly agrees otherwise in writing. Delays in providing requested information, approvals, website access, or other cooperation may delay implementation.

Before launch, Bathmath may require the Customer to review and approve the configured estimator in writing or electronically.

The Customer is responsible for reasonably reviewing items such as:

• Estimator questions
• Project types
• Estimate ranges
• Pricing assumptions
• Geographic or service-area settings
• Branding
• Lead recipient information

The Customer should promptly notify Bathmath of material errors or configurations that appear inappropriate for its business.

Customer approval, continued use, or failure to identify an obvious configuration issue after a reasonable review opportunity may be treated as acceptance of the current configuration.

Bathmath may continue to improve or update the Service after launch.

Bathmath-generated estimate ranges are planning tools.

They are not:

• Binding bids
• Contractor quotes
• Guaranteed project prices
• Appraisals
• Offers to perform remodeling work
• Guarantees that a contractor will accept a project
• Guarantees that a project will cost within a particular range

Actual remodeling prices can vary based on factors that may not be known when the estimator is used, including labor, materials, permits, site conditions, damage, code requirements, design choices, availability, geography, contractor overhead, and changes in project scope.

The Customer remains solely responsible for:

• Its actual pricing
• Its inspections
• Its project evaluations
• Its bids and proposals
• Its contracts with homeowners
• Its representations to customers
• Its remodeling work

Bathmath does not perform remodeling services and does not enter into remodeling contracts with homeowners.

Bathmath does not guarantee:

• Any minimum number of leads
• Any minimum lead quality
• Appointments
• Sales
• Signed remodeling contracts
• Revenue
• Conversion rates
• Website traffic
• Return on investment

Marketing, traffic, homeowner demand, market conditions, contractor reputation, follow-up practices, pricing, availability, and many other factors affect results.

The Customer is responsible for evaluating whether the Service is appropriate for its business.

The Service may collect information from homeowners or other people who use a Bathmath estimator (“End Users”).

This information may include:

• Names
• Email addresses
• Phone numbers
• ZIP codes
• Project notes
• Estimator answers
• Project details
• Estimated price ranges
• Submission dates
• Lead classifications
• Other information submitted through the Service

Bathmath may process and route End User information as described in its Privacy Policy.

When End User information is provided to the Customer, the Customer is independently responsible for:

• Its use of that information
• Its own privacy practices
• Its own data security
• Its communications with the End User
• Its calls, emails, and text messages
• Its opt-out practices
• Its compliance with applicable privacy and communications laws
• Its quotes, scheduling, contracting, and remodeling services

Bathmath does not control the Customer’s communications or conduct after End User information is provided to the Customer.

The Customer may not use End User information in an unlawful manner.

The Customer may not sell End User personal information obtained through Bathmath.

The Customer may not use Bathmath-generated leads for unrelated third-party marketing without any permission required by applicable law.

“Customer Data” means data, information, and materials the Customer provides to Bathmath or causes Bathmath to process in connection with the Service.

Customer Data may include:

• Business information
• Service areas
• Branding
• Logos
• Website materials
• Lead recipient information
• Configuration preferences
• Project categories
• Pricing ranges
• Historical project information
• Estimate calibration feedback
• Other materials supplied by the Customer

As between Bathmath and the Customer, the Customer retains ownership of its Customer Data.

The Customer grants Bathmath a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, display, modify, and otherwise use Customer Data as reasonably necessary to:

• Provide the Service
• Configure the Customer’s estimator
• Route leads
• Provide support
• Maintain security
• Diagnose technical issues
• Meet legal obligations
• Exercise the data improvement rights described below

This license lasts for as long as reasonably necessary for those purposes, subject to these Terms and applicable law.

“Customer Pricing Data” includes pricing-related information provided by or collected from the Customer, such as:

• Typical project prices
• Price ranges
• Historical project costs
• Historical proposal or invoice information
• Market-specific pricing observations
• Estimate calibration feedback
• Service-area pricing differences
• Project characteristics associated with pricing
• Other information used to improve estimate accuracy

The Customer retains ownership of its identifiable raw Customer Pricing Data.

Bathmath may use identifiable Customer Pricing Data to:

• Configure the Customer’s estimator
• Calibrate estimate ranges
• Evaluate estimator accuracy
• Provide support
• Diagnose pricing problems
• Improve the Service for that Customer

Bathmath may also use Customer Pricing Data to create de-identified, aggregated, generalized, or statistically derived information as described in the next section.

The Customer should avoid submitting personal information about homeowners or other third parties when that information is not reasonably needed for pricing calibration. If the Customer provides third-party information, the Customer represents that it has a lawful basis and authority to provide that information.

Bathmath may create and use data, models, statistics, assumptions, insights, and other information derived from Customer Data, Customer Pricing Data, End User interactions, estimator usage, and Service performance (“Derived Data”).

Bathmath may use Derived Data to:

• Improve estimator accuracy
• Improve pricing assumptions
• Build or improve location-based pricing models
• Develop geographic adjustment factors
• Develop cost-of-living or market adjustments
• Improve national, regional, or local estimate ranges
• Identify pricing patterns
• Develop benchmarks
• Test and improve calculation methods
• Improve lead qualification
• Improve product features
• Monitor performance and security
• Develop and provide Bathmath products and services

Bathmath may combine Derived Data with data from other customers, public information, third-party data, and other lawful sources.

Generalized or de-identified models and insights created through this process may be used across the Bathmath service, including for other customers.

Bathmath will not publicly disclose, sell, or provide another customer with identifiable Customer-specific pricing data as such without the affected Customer’s permission.

Bathmath will take reasonable steps designed to ensure that data treated as de-identified or aggregated does not reasonably identify:

• The Customer
• An individual End User
• A specific homeowner project

Bathmath may retain and use properly de-identified, aggregated, generalized, and Derived Data after a Customer’s subscription ends.

The Customer acknowledges that Bathmath is not required to remove generalized model improvements, statistical insights, geographic adjustments, or other Derived Data from its systems solely because the original Customer later cancels the Service.

As between the parties, Bathmath owns the generalized models, calculation methods, statistical insights, geographic adjustments, and other Derived Data it creates, while the Customer retains ownership of its identifiable raw Customer Data.

Derived Data does not include Customer Data or Customer Pricing Data in identifiable raw form.

Either party may receive nonpublic business information from the other that a reasonable person would understand to be confidential (“Confidential Information”).

Customer Confidential Information may include:

• Nonpublic pricing data
• Margins
• Internal cost information
• Unpublished invoices or proposals
• Business plans
• Lead information
• Access credentials
• Other nonpublic commercial information

The receiving party will:

• Use Confidential Information only for legitimate purposes related to the Service or the parties’ relationship.
• Use reasonable care to protect it.
• Limit access to employees, contractors, professional advisers, and service providers with a reasonable need to know and who are subject to appropriate confidentiality obligations.
• Not disclose it except as permitted by these Terms or authorized by the disclosing party.

Confidential Information does not include information that:

• Becomes public through no breach of these Terms
• Was lawfully known without confidentiality obligations
• Is lawfully received from another source without confidentiality obligations
• Is independently developed without use of the other party’s Confidential Information
• Must be disclosed by law or valid legal process

The rights to use de-identified, aggregated, generalized, and Derived Data described in Section 14 do not violate this confidentiality section.

Bathmath uses reasonable administrative, technical, and organizational safeguards designed to protect information processed through the Service.

No website, software platform, transmission method, or storage system is completely secure.

The Customer is responsible for:

• Protecting its own accounts and credentials
• Limiting access to lead information
• Maintaining reasonable security for its devices and systems
• Promptly notifying Bathmath of suspected unauthorized access involving the Service

Bathmath’s handling of personal information is also described in the Bathmath Privacy Policy.

Each party is responsible for its own privacy practices and legal obligations.

The Customer may not remove, hide, or intentionally interfere with privacy notices, consent language, or disclosures that Bathmath reasonably includes in the estimator to operate the Service.

The Service may be installed or embedded on the Customer’s website through:

• An iframe
• A script
• An embed code
• A plugin
• A custom integration
• Another technical method

If the Customer authorizes Bathmath to assist with installation, the Customer grants Bathmath permission to make changes reasonably necessary to install, test, maintain, or remove the Bathmath integration.

The Customer should provide temporary, limited, or collaborator access where reasonably available instead of sharing personal passwords.

The Customer is responsible for maintaining appropriate website backups and access controls.

Bathmath is not responsible for:

• Pre-existing website problems
• Unrelated website errors
• Third-party plugins or themes
• Hosting outages
• Changes made by the Customer or another provider
• Third-party platform changes outside Bathmath’s reasonable control

Bathmath will use reasonable care when making authorized changes to a Customer website.

When a subscription ends, Bathmath may deactivate the hosted Service associated with that Customer.

Deactivation may include:

• Preventing the estimator from loading
• Hiding the estimator
• Stopping estimate generation
• Stopping lead routing
• Disabling related hosted features

The Customer acknowledges that Bathmath does not need to physically remove embed code from the Customer’s website in order to deactivate the hosted Service.

After cancellation or termination:

• The Customer may remove the Bathmath embed from its website.
• Bathmath may request that the Customer remove outdated Bathmath integrations.
• Bathmath may provide reasonable removal assistance upon request.

Bathmath may design an inactive estimator to hide itself or display an unavailable message.

You may not:

• Use the Service unlawfully
• Use the Service for fraud, spam, harassment, or abuse
• Attempt to gain unauthorized access to the Service
• Circumvent usage restrictions or security measures
• Interfere with the operation of the Service
• Introduce malicious code
• Scrape or systematically extract the Service except as authorized
• Reverse engineer the Service except where a legal restriction cannot be waived
• Copy, resell, sublicense, or redistribute the Service
• Use Bathmath to create a competing hosted estimator product by copying Bathmath’s protected software, design, or proprietary configuration
• Misrepresent Bathmath-generated planning estimates as guaranteed quotes
• Remove required legal or privacy notices

Bathmath may investigate suspected misuse and suspend or terminate access where reasonably necessary.

Bathmath and its licensors retain all rights in and to:

• The Bathmath software
• Source code
• Object code
• Hosted infrastructure
• Calculation systems
• Pricing logic
• Generalized pricing models
• Geographic adjustment methods
• User interfaces
• Designs
• Documentation
• Branding
• Trademarks
• Derived Data
• Service improvements

Subject to payment of applicable fees and compliance with these Terms, Bathmath grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to use the Service for the Customer’s own business during an active subscription.

No ownership of Bathmath technology transfers to the Customer.

The Customer retains ownership of its logos, trademarks, business content, and other materials it provides to Bathmath.

The Customer grants Bathmath permission to use those materials as reasonably necessary to configure, display, support, and operate the Customer’s Bathmath service.

Bathmath will not publicly represent the Customer as a customer, publish a testimonial, or use the Customer’s logo in public marketing solely because the Customer subscribed, unless the Customer gives permission.

If you voluntarily provide suggestions, ideas, recommendations, or product feedback, Bathmath may use that feedback to improve or develop the Service without restriction or compensation.

This section does not authorize public disclosure of Customer Confidential Information or identifiable Customer Pricing Data.

Founder customers acknowledge that Bathmath is an evolving service.

During early development and expansion:

• Features may be added, changed, or removed.
• Questions may change.
• Estimate logic may be refined.
• Interfaces may change.
• Workflows may change.
• Integrations may be modified.
• New pricing data and calibration methods may improve estimate results.

Bathmath will use reasonable efforts to avoid materially reducing the core paid functionality without notice.

Founder participation does not create exclusivity, territorial rights, or ownership of product improvements unless expressly agreed in writing.

The Service relies on third-party providers that may include:

• Hosting providers
• Database providers
• Payment processors
• Email providers
• Security providers
• Analytics providers
• Website platforms

Bathmath is not responsible for outages, policy changes, failures, or conduct of third-party services outside Bathmath’s reasonable control.

Your use of some third-party services may also be subject to their terms.

Bathmath may provide support through email or other channels it makes available.

Unless expressly agreed in writing:

• No guaranteed response time applies.
• No service-level agreement applies.
• The Service is not guaranteed to be available without interruption.

Bathmath may perform maintenance, updates, security work, or changes that temporarily affect availability.

Bathmath may suspend or terminate access if:

• Fees are unpaid
• The Customer materially breaches these Terms
• The Customer uses the Service unlawfully
• The Customer creates a material security risk
• The Customer abuses the Service
• Continued service would expose Bathmath or others to material legal or operational risk

Where reasonably appropriate, Bathmath may provide notice and an opportunity to correct a breach before termination.

Bathmath may act immediately when reasonably necessary to address fraud, abuse, security threats, unlawful activity, or serious harm.

Bathmath may discontinue the Service or a material portion of it. Bathmath may also terminate a subscription without cause effective at the end of the current paid billing period by providing reasonable notice. If Bathmath ends a prepaid subscription without cause before the end of a paid billing period, Bathmath will refund the unused portion of that period.

When the Service ends:

• The Customer’s right to use the Service ends.
• Bathmath may deactivate the Customer’s estimator.
• Lead routing may stop.
• The Customer should remove or stop using Bathmath integrations as appropriate.
• Outstanding payment obligations remain due.
• Sections that by their nature should survive will survive.
• The Customer is responsible for retaining or exporting information it needs.
• Bathmath does not guarantee indefinite retention after termination.
• Bathmath may delete Customer-specific data subject to the Privacy Policy, legal obligations, and the Derived Data provisions.

Sections concerning intellectual property, payment obligations, Customer Data, Derived Data, confidentiality, disclaimers, limitations of liability, disputes, and other provisions that logically continue after termination will survive.

Bathmath may retain information as described in its Privacy Policy and these Terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

BATHMATH DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTIES THAT MAY BE DISCLAIMED BY LAW.

BATHMATH DOES NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED
• THE SERVICE WILL BE ERROR-FREE
• EVERY ESTIMATE WILL MATCH AN ACTUAL PROJECT PRICE
• EVERY LEAD WILL BE VALID OR QUALIFIED
• THE SERVICE WILL PRODUCE SALES OR REVENUE
• EVERY FEATURE WILL ALWAYS REMAIN AVAILABLE
• THIRD-PARTY SERVICES WILL OPERATE WITHOUT INTERRUPTION

Nothing in these Terms excludes a warranty that cannot legally be excluded.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BATHMATH AND EXCITIFY, LLC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR RELATED TO THE SERVICE.

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BATHMATH AND EXCITIFY, LLC WILL NOT BE LIABLE FOR LOSS OR DAMAGE ARISING OUT OF OR RELATING TO A CYBERATTACK, RANSOMWARE, MALWARE, DENIAL-OF-SERVICE ATTACK, UNAUTHORIZED ACCESS, OR OTHER MALICIOUS THIRD-PARTY ACT BEYOND THEIR REASONABLE CONTROL, INCLUDING ANY RESULTING SERVICE INTERRUPTION, LOSS OF DATA, OR UNAUTHORIZED ACCESS TO OR DISCLOSURE OF INFORMATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF BATHMATH AND EXCITIFY, LLC ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL FEES THE CUSTOMER PAID FOR THE SERVICE DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the legal theory asserted.

Nothing in these Terms limits liability to the extent such limitation is prohibited by law.

The Customer agrees to defend, indemnify, and hold harmless Excitify, LLC, Bathmath, and their owners, employees, contractors, and agents from third-party claims, liabilities, damages, losses, and reasonable costs arising from or relating to:

• The Customer’s remodeling services
• The Customer’s contracts or disputes with homeowners
• The Customer’s actual pricing, quotes, or representations
• The Customer’s communications with leads or End Users
• The Customer’s violation of privacy or communications laws
• Customer Materials
• The Customer’s unlawful or unauthorized use of data
• The Customer’s violation of these Terms

This obligation does not apply to the extent a claim results directly from Bathmath’s own intentional misconduct.

Bathmath may improve, modify, replace, or discontinue features over time.

Bathmath may make changes for reasons including:

• Product improvement
• Security
• Legal compliance
• Third-party platform changes
• Technical requirements
• Market needs

Where a change materially reduces core paid functionality, Bathmath will use reasonable efforts to provide advance notice when practical.

Except for a pricing transition already disclosed at purchase, such as the Founder Plan transition from $50 to $97 per month, Bathmath may change subscription pricing by providing at least 30 days’ advance notice.

A future price change will take effect no earlier than a renewal occurring after the notice period stated in the notice.

You may cancel before a future price change takes effect.

Bathmath may update these Terms from time to time.

For material changes affecting active paid subscribers, Bathmath will use reasonable efforts to provide advance notice by email, through the Service, or by another reasonable method.

Updated Terms will not retroactively govern a dispute or event that arose before the updated Terms took effect.

The updated Terms will state a new effective date.

Your continued use of the Service after updated Terms take effect constitutes acceptance where permitted by law.

If you do not agree to a material change, you may cancel the Service.

You agree that electronic communications may satisfy legal communication requirements.

You may accept these Terms electronically, including by:

• Checking an acceptance box
• Completing a checkout that requires acceptance
• Signing electronically
• Being presented with updated or applicable Terms and continuing to use the Service after being told that doing so constitutes acceptance

You agree to keep your contact information reasonably current.

Bathmath may provide notices through:

• Email
• The Service
• A billing portal
• A notice on the Bathmath website
• Another reasonable electronic method

Notices to Bathmath may be sent to:

hello@getbathmath.com

These Terms are governed by the laws of the State of Wisconsin, without regard to conflict-of-law principles.

Before filing a formal dispute, the parties agree to make a reasonable good-faith effort to resolve the issue informally.

The parties consent to the exclusive jurisdiction and venue of the Circuit Court for Outagamie County, Wisconsin and, where federal jurisdiction exists, the United States District Court for the Eastern District of Wisconsin, Green Bay Division.

You may not assign or transfer these Terms or your subscription without Bathmath’s prior written consent.

Bathmath may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or transfer of the Bathmath business or Service.

Bathmath is not responsible for delay or failure caused by events beyond its reasonable control, including:

• Natural disasters
• Severe weather
• War
• Civil unrest
• Government action
• Internet or utility failures
• Cyberattacks
• Labor disruptions
• Third-party infrastructure failures
• Other events beyond reasonable control

Force majeure does not excuse payment obligations that already became due before the event.

These Terms do not create a partnership, franchise, joint venture, employment relationship, or agency relationship between Bathmath and the Customer.

The Customer is an independent business.

Bathmath does not act as the Customer’s remodeling contractor, sales agent, employee, or legal representative.

These Terms benefit Bathmath and the Customer only. No homeowner, End User, lead, website visitor, or other third party has contractual rights under the Customer’s agreement with Bathmath.

These Terms, applicable Order Terms, and any other written agreement expressly incorporated by reference form the agreement between the parties concerning the Service.

They replace prior discussions or understandings about the same subject matter, except for obligations in a separately signed written agreement.

If a provision of these Terms is found unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law.

The unenforceable provision will be interpreted or modified as closely as possible to its intended lawful effect.

Failure to enforce a provision of these Terms is not a waiver of the right to enforce it later.

A waiver of one breach is not a waiver of another breach.

Questions about these Terms may be sent to: