Terms of Service

Who these terms are between

These terms are between Daruma Tech, LLC (“we”, “us”) and the person or company using BlueDog Qualifier (“you”). They cover the Qualifier mobile app, the Qualifier web app, and any BlueDog Cloud subscription.

Daruma Tech, LLC develops and operates Qualifier. The AV product data it draws on is provided by BlueDog Group, LLC (“BlueDog Group”). Both are Florida companies. Your agreement for the service is with Daruma Tech, LLC.

If you are using Qualifier for your employer, you are agreeing on their behalf, and “you” means the company. The company’s owner controls the account, including who has access and what happens to the work in it.

The app, and what a subscription adds

BlueDog Qualifier V3 is free to download and use. There is no subscription required to scope a job and build a budget on a phone or tablet. We may change what the app includes, but we will not start charging for something you are already relying on without telling you first.

BlueDog Cloud is the paid part. A subscription adds cloud storage and sync across devices and your team, the web app, sending estimates to clients, and — depending on the plan — the BlueDog data catalog and BlueDog Intelligence. What each plan includes is described on our pricing page.

Your account

Keep your password to yourself, and tell us promptly if you think someone else has it. You are responsible for what happens under your account. One account is for one person — sharing a login across a team is what seats are for.

You must be old enough to enter a contract where you live, and Qualifier is a professional tool not intended for anyone under 16.

Paying for a subscription

• Subscriptions are billed in advance — monthly, or annually as ten monthly payments taken once (“two months free”). Prices are in US dollars and exclude any tax we are required to add.
• Per-seat plans are billed by seat count. Cloud Teams starts at 3 seats and each additional person is $49.95 a month. Adding a person changes what you pay, and we will show you the amount and ask you to confirm before it does.
• Current prices are Cloud at $19.95 a month and Cloud Pro at $79.95 a month. We can change prices, but not in the middle of a period you have already paid for, and we will give you at least 30 days’ notice by email before a change affects you.
• If a payment fails, nothing switches off immediately. We retry, and we email you. Access is only suspended after we have told you and given you a chance to fix it.
• You can cancel at any time, from your billing page. Cancelling stops the next renewal; it does not refund the period you are in. We do not give pro-rated refunds for partial periods, and we will refund a payment we took in error.

Trials

A free trial gives you the paid feature set for a limited period, with its own allowance for BlueDog Intelligence. When it ends without a subscription, nothing you made is deleted — your estimates stay where they are and stay readable. What switches off is the paid functionality: syncing, sending, and the catalog and Intelligence features. Subscribing switches them back on with everything still in place.

Money your clients pay you

Qualifier can help you collect a design retainer from your own client. When it does, the charge is made on your payment account, the money goes to you, and we are not a party to it. That transaction is between you and your client: the agreement, the deliverable, any refund, and any dispute are yours to handle. We are also not responsible for the fees your payment provider charges you.

Who owns what

Your work is yours. Your estimates, clients, catalog, pricing, floor plans and settings belong to you. We claim no ownership of them. We use them only to provide the service to you, as described in our Privacy Policy. We do not use your customer data to train models.

The software is ours. Qualifier and our branding stay the property of Daruma Tech, LLC. You get the right to use them while your account is in good standing. You may not resell the software, reverse-engineer it, or use it to build a competing product.

The product data belongs to BlueDog Group. The AV catalog — the products, descriptions and pricing data available on the catalog plans — is licensed to us by BlueDog Group, and your subscription gives you the right to use it inside Qualifier. It is not yours to extract: you may not copy, redistribute, or resell the catalog, or use it to build a competing dataset. Estimates you build using it are your own work and are not affected by this.

Estimates are estimates

This is the part worth reading twice. Qualifier produces budget figures from the scope, catalog and rates you give it. They are a planning tool, not a quotation, an appraisal, or a guarantee of what a job will cost. Whether a number is right for a particular job is a professional judgement — yours.

You are responsible for what you send to your clients, including checking prices and availability before you commit to them. Where Qualifier suggests products or rooms automatically, treat it as a first pass to review, not an answer to forward.

Acceptable use

Do not use Qualifier to break the law, to store data you have no right to store, to attack or overload the service, to get around its limits, or to scrape it. Do not upload malware. If what you are doing threatens the service or other customers, we may suspend the account while we sort it out, and we will tell you why.

Availability

We work to keep Qualifier running and we do not promise it will never be down. We take backups, ship updates, and occasionally have to take things offline for maintenance. The mobile app is built to keep working offline and to sync when you are back on a connection — but keep your own records of anything you cannot afford to lose.

Ending the agreement

You can stop at any time: cancel the subscription, or delete the account outright from the app’s Settings tab or your account page on the web. What deletion removes is described here, and deletion is permanent.

We can end or suspend an account if you materially break these terms, if payment stays unpaid after we have asked, or if we are legally required to. Except where the law or a serious breach makes it impossible, we will give you notice and a reasonable chance to export your work first.

Warranties and liability

Qualifier is provided as is. To the extent the law allows, we exclude implied warranties of merchantability and fitness for a particular purpose.

To the extent the law allows, we are not liable for lost profits, lost business, or indirect or consequential loss — including a job priced wrongly from a Qualifier estimate. Our total liability under these terms is limited to what you paid us in the twelve months before the claim. Nothing here excludes liability that cannot lawfully be excluded.

Changes to these terms

If we change these terms we will update the date at the top, and for anything that materially affects you we will tell you in the app or by email before it takes effect. Continuing to use Qualifier after that means you accept the change; if you would rather not, cancel.

Governing law

These terms are governed by the laws of the State of Florida, United States, and the courts there have jurisdiction over any dispute. Before filing anything, please write to us — almost everything is faster to fix by email.

Contact

Questions about these terms go to support@bluedogqualifier.com.