Terms and Conditions

1. Welcome and Acceptance of Terms

Welcome to Amestx (www.amestx.com), a service provided by Amestx Information Services, Inc. These Terms of Service govern your use of Amestx and the services provided through it. By creating an account or accessing Amestx, you agree to be bound by these Terms of Service and all terms incorporated by reference, including the data use restrictions set forth herein. Your creation of an account constitutes your affirmative acceptance of these Terms. If you do not agree to these terms, you may not create an account or use Amestx.

2. User Account, Password Security, and Account Sharing

In order to access and use Amestx, you will be required to create an account. You must provide accurate and complete information when creating your account, and you must keep your account information up-to-date going forward. You are solely responsible for all activities that occur under your account.

Each individual who uses Amestx must have their own unique account and login credentials. Each account is tied to a single physical office location. Organizations with multiple physical office locations must purchase a separate account for each location. Sharing login credentials, passwords, or account access by any means — including allowing another individual to use your active session or device — is strictly prohibited. All users under an account must be employees of the organization associated with that account. Sharing account access with subcontractors, clients, consultants, or any individual outside of your organization is strictly prohibited. Remote workers are not automatically covered under any office account and must be arranged on a case-by-case basis by contacting Amestx Information Services, Inc. directly at support@amestx.com. If you become aware of any unauthorized access to or use of your account, you must notify Amestx Information Services, Inc. immediately at support@amestx.com. Any violation of these provisions may result in immediate termination of your account.

3. User Conduct

You agree not to engage in any of the following prohibited activities:

(i) copying, downloading, screenshotting, distributing, or disclosing any Amestx Data or any part of the Amestx platform in any medium, in whole or in part, including without limitation by any automated or non-automated "scraping";
(ii) using any automated system, including without limitation "robots," "spiders," "offline readers," or any data extraction or harvesting tools of any kind;
(iii) transmitting spam, chain letters, or other unsolicited email;
(iv) attempting to interfere with or compromise the system integrity or security, or decipher any transmissions to or from the servers running Amestx;
(v) taking any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure, at our sole discretion;
(vi) uploading invalid data, viruses, worms, or other software agents through Amestx;
(vii) collecting or harvesting any personally identifiable information, including without limitation account names, from Amestx;
(viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity;
(ix) interfering with the proper working of Amestx;
(x) reverse engineering, decompiling, or otherwise attempting to derive the structure, methodology, or proprietary processes underlying Amestx or its data;
(xi) using Amestx Data for any commercial purpose, including incorporation into any product, platform, or service offered to third parties, except as expressly permitted under a separate Commercial Use License Agreement with Amestx Information Services, Inc.

4. Proprietary Data and Restricted Use of Amestx Content

All data, reports, bid tabulations, cost information, project records, and other content available through Amestx (collectively, "Amestx Data") are the exclusive proprietary property of Amestx Information Services, Inc. Amestx Data is gathered, compiled, verified, and maintained through substantial investment of time, labor, and resources by Amestx Information Services, Inc.

Your subscription to Amestx grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, print, and export Amestx Data solely for your own internal business purposes. Permitted internal uses include, but are not limited to, reviewing bid results, analyzing competitor pricing, researching unit prices, and assessing market values. Printed or exported reports are subject to the same use restrictions as digital data and may not be shared outside your organization or used for any prohibited purpose described herein.

This license does not permit any of the following without prior written authorization and execution of a separate Commercial Use License Agreement with Amestx Information Services, Inc.:

(i) Reselling, redistributing, sublicensing, or otherwise transferring Amestx Data, in whole or in part, to any third party;
(ii) Incorporating Amestx Data into any software application, platform, tool, or service — including without limitation any SaaS product, estimating tool, cost modeling application, or AI/machine learning system — whether offered commercially or otherwise;
(iii) Using Amestx Data as a dataset, training set, reference database, or component of any product or service made available to third parties;
(iv) Aggregating, reformatting, or repurposing Amestx Data in a manner that replicates or competes with Amestx's functionality;
(v) Storing Amestx Data in any external database, repository, or content management system beyond what is reasonably necessary for internal business use;
(vi) Retaining, using, or distributing Amestx Data in any form following the termination or expiration of your subscription.

Any use of Amestx Data beyond the scope of the limited license described above constitutes a material breach of these Terms of Service and may subject you to immediate account termination, injunctive relief, and claims for damages. If you are interested in a commercial use license, please contact Amestx Information Services, Inc. directly at support@amestx.com to discuss licensing terms.

5. Intellectual Property Protection and Proprietary Rights

By accepting these Terms of Service, you agree not to infringe upon any intellectual property owned by Amestx Information Services, Inc. or any third party.

Amestx and its content are protected by copyright, trademark, and other such laws of both the United States and foreign countries. The compilation, arrangement, presentation, and ongoing maintenance of Amestx Data represents a substantial investment of time, labor, and resources by Amestx Information Services, Inc. and constitutes proprietary work product and an original work of authorship protected under applicable copyright law. Amestx Information Services, Inc. retains all right, title, and interest in and to Amestx Data, including all intellectual property rights therein, regardless of the form in which such data is accessed, viewed, printed, or exported by the user. No ownership rights in Amestx Data are transferred to the user by virtue of a subscription or any permitted use under these Terms.

Nothing in these Terms of Service shall be construed to grant any implied license, right, or interest in Amestx, Amestx Data, or any intellectual property owned by Amestx Information Services, Inc. beyond the limited license expressly stated herein. Except as expressly provided in these Terms of Service, nothing in these Terms of Service gives you a right to use the Amestx name or any of the Amestx trademarks, logos, domain names, and other distinctive brand features.

6. Indemnification and Limitation of Liability

By accepting these Terms of Service, you agree to indemnify, defend, and hold harmless Amestx Information Services, Inc. and its officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) that may arise from: (i) your use of Amestx; (ii) your violation of these Terms of Service; (iii) any unauthorized use, redistribution, or commercial exploitation of Amestx Data by you or any party gaining access through your account; or (iv) any claim by a third party arising out of or related to your use of Amestx Data beyond the scope of the limited license granted herein.

Under no circumstances shall Amestx Information Services, Inc. be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use Amestx, including but not limited to reliance by a user on any information obtained from Amestx. This includes, without limitation, mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance. The limitation of liability applies whether the claims are based on contract, tort (including negligence), strict liability, or any other legal theory, even if Amestx Information Services, Inc. has been advised of the possibility of such damages. To the fullest extent permitted by applicable law, Amestx Information Services, Inc. expressly disclaims all liability of any kind arising out of or related to your use of Amestx.

7. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. By accepting these Terms of Service, you consent to the exclusive jurisdiction of the state courts of Harris County, Texas and the United States District Court for the Southern District of Texas for the resolution of any dispute arising out of or relating to these Terms of Service or your use of Amestx. You hereby waive any objection to the laying of venue in Harris County, Texas or the Southern District of Texas, and waive any claim that such courts represent an inconvenient forum. This provision establishes a clear legal framework for addressing any potential issues and ensures fair and consistent dispute resolution.

8. Disclaimers and Warranties

Amestx and its content are provided "as is" and on an "as available" basis without any representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Amestx Information Services, Inc. does not warrant that the service will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components. Further, the company makes no representations as to the operation of Amestx or the information, content, materials, or products included on Amestx.

Amestx Data is gathered from a variety of sources, including but not limited to public records, newspapers, bid boards, and self-reported contractor data. Amestx Information Services, Inc. makes no representations or warranties as to the accuracy, completeness, timeliness, or reliability of any Amestx Data, regardless of its source. Amestx Information Services, Inc. is not responsible for any errors, omissions, or inaccuracies in Amestx Data that originate from third-party sources, public records, or self-reported information. All data is provided for informational purposes only and should be independently verified before being relied upon for any business decision.

You agree that your use of Amestx and any reliance on Amestx Data is entirely at your own risk. Amestx Information Services, Inc. expressly disclaims any and all liability for business decisions, financial outcomes, bid results, or any other consequences arising from your use of or reliance on Amestx Data. It is your sole responsibility to independently evaluate the accuracy and suitability of any information obtained through Amestx before acting upon it.

9. User and Device Limits

Each Amestx account is limited to a maximum of three users and is tied to a single physical office location, as described in the User Account, Password Security, and Account Sharing section of these Terms. Each user must have their own unique login credentials and must be an employee of the organization associated with that account.

Each individual user is permitted to access Amestx on up to two devices simultaneously, for a maximum of six concurrent active sessions per account. These device limits are per user and are not transferable between users on the same account.

If you require additional users or device access beyond these limits, this may be arranged on a case-by-case basis by contacting Amestx Information Services, Inc. directly at support@amestx.com. It is the account holder's responsibility to ensure that the number of users and devices in use under their account complies with these Terms of Service at all times. Any unauthorized use of additional users or devices in excess of these limits may result in immediate termination of your account.

10. Events Beyond Our Control (Force Majeure)

Neither party shall be liable to the other for any delay or failure in performance under these Terms of Service arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to natural disasters, wars, terrorist acts, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, cyberattacks, ransomware or malware incidents, internet or telecommunications outages, or failures of third-party infrastructure or service providers upon which Amestx relies.

In the event that a force majeure event occurs, the affected party shall notify the other party as soon as reasonably practicable, describing the nature of the event and its anticipated impact on performance. Both parties shall make reasonable efforts to mitigate the effects of the force majeure event and resume normal operations as quickly as possible.

11. Integration and Severability

These Terms of Service, together with any Privacy Policy, Commercial Use License Agreement, or other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Amestx Information Services, Inc. concerning the use of Amestx and supersede all prior and contemporaneous agreements, understandings, negotiations, and representations between the parties, whether written or oral, relating to the subject matter herein.

If any provision of these Terms of Service is deemed invalid or unenforceable by a court of competent jurisdiction, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.

12. Modifications to the Service and Terms

Amestx Information Services, Inc. reserves the right to modify or discontinue, temporarily or permanently, Amestx or any service to which it connects, at any time and without notice, and without liability to you. This includes changes to the features, user interfaces, pricing, subscription fees, and any content or data available through Amestx. Amestx Information Services, Inc. further reserves the right to modify these Terms of Service at any time and without prior notice. Updated Terms will be posted on Amestx and will be effective immediately upon posting.

You are solely responsible for regularly reviewing Amestx and these Terms of Service for any updates or changes. Your continued use of Amestx following any modification to the service, pricing, or these Terms of Service constitutes your acceptance of such changes.

13. Termination of Service

Termination by Amestx Information Services, Inc.: We reserve the right, in our sole discretion, to terminate or suspend your access to Amestx, without prior notice, for conduct that we believe violates these Terms of Service or is harmful to other users of Amestx, us, or third parties, or for any other reason. In the event of termination for cause, no refund of any kind will be issued.

Termination by User: Users may terminate their accounts at any time by contacting our support team at support@amestx.com.

Obligations Upon Termination: Upon termination of your account, your license to access and use Amestx and Amestx Data is immediately revoked. You must immediately cease all use of Amestx Data and destroy or delete any retained data in any form.

14. Refunds

Amestx Information Services, Inc. does not offer refunds for any unused portion of the current subscription month, regardless of the reason for cancellation or termination. All subscription fees are non-refundable once billed on the first of the calendar month.

15. Arbitration Agreement

By accepting these Terms of Service, both you and Amestx Information Services, Inc. agree to resolve any dispute by individual binding arbitration administered by the American Arbitration Association (AAA) in Harris County, Texas.

16. Subscription Duration, Payment Terms & Cancellations

Amestx operates on a month-to-month subscription basis. Subscriptions automatically renew on the 1st of each calendar month. To avoid being charged for the next month, cancellation requests must be submitted at least 10 days before the end of the current month (no later than the 21st) by emailing support@amestx.com.