Last updated: September 22, 2026
These Terms of Service ("Terms") govern your access to and use of the ToSpek websites, mobile applications, and software products, including ToSpek CRM and ToSpek Takeoff (together, the "Services"), provided by WerxOS Inc., doing business as ToSpek ("ToSpek," "we," "us," or "our"). By creating an account or using the Services, you agree to these Terms and to our Privacy Policy.
The Services are intended for business use by people aged 18 or older. You are responsible for your account, for keeping your credentials secure, and for all activity under your account. Provide accurate information and keep it up to date.
ToSpek provides software for excavation, landscaping, hauling, and related trades, including customer and job management, takeoffs and estimating, and related tools. We may add, change, or discontinue features over time.
Paid Services are offered on a subscription basis. Fees, billing frequency, and plan details are shown at sign-up. Payments are processed by our third-party payment processor (Stripe). Subscriptions renew automatically for the same term unless cancelled before renewal. There are no long-term contracts. You may cancel at any time, and cancellation takes effect at the end of your current billing period. Except where required by law, fees are non-refundable.
You retain all rights to the data and content you put into the Services ("Your Content"). You grant ToSpek a limited license to host, process, and use Your Content solely to provide and improve the Services for you, including through the AI features described in our Privacy Policy. You are responsible for Your Content and for having the rights to use it.
You agree not to misuse the Services, including by breaking the law, infringing others' rights, uploading malware, attempting to gain unauthorized access, reverse-engineering the Services, reselling them without authorization, or interfering with their operation or security.
Some features use artificial intelligence to generate suggestions, drafts, estimates, and automations. AI output may contain errors and is provided to assist you, not to replace your professional judgment. You are responsible for reviewing AI output before relying on it, especially for quotes, takeoffs, and bids.
The Services, including all software, design, and content we provide (excluding Your Content), are owned by ToSpek and protected by law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your business while your account is in good standing.
The Services integrate with third-party services (such as our payment processor and infrastructure and AI providers). Your use of those services may be subject to their own terms, and we are not responsible for third-party services.
The Services are provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that output (including AI output and takeoff calculations) will be accurate or suitable for any particular purpose.
To the maximum extent permitted by law, ToSpek will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, or data. Our total liability for any claim relating to the Services will not exceed the amount you paid us for the Services in the twelve months before the claim.
You agree to indemnify and hold ToSpek harmless from claims, damages, and expenses arising out of Your Content, your use of the Services, or your violation of these Terms.
You may stop using the Services and delete your account at any time. We may suspend or terminate your access if you violate these Terms or use the Services in a way that risks harm to others or to the Services. You can delete your account and data as described in our Privacy Policy.
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in North Carolina, unless applicable law requires otherwise.
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and, where appropriate, notify you within the Services. Continued use after changes take effect means you accept the updated Terms.
If you download a ToSpek application from the Apple App Store, the following also applies, and these Terms are between you and ToSpek only, not Apple:
Questions about these Terms? Contact us at support@tospek.com or call 252-424-0654.