Terms & Conditions
Effective Date: January 30, 2026
Last Updated: January 30, 2026
These Terms and Conditions (“Terms”) govern your access to and use of the website located at https://oste.ai (the “Website”) and the construction quantity takeoff services provided by OSTE (“Services”). By accessing the Website, placing an order through oste.ai or emailing services@oste.ai, uploading files, or submitting payment, you agree to be legally bound by these Terms.
1. Services and Deliverables
1.1 Scope of Services
OSTE provides on-screen construction quantity takeoff services organized by CSI MasterFormat divisions. Currently available divisions include Division 08 (Openings) and Division 10 (Specialties). Additional CSI divisions may be offered from time to time.
1.2 Deliverables
For each ordered division, OSTE will provide:
- CSI-organized Excel spreadsheets with quantities by division, section, and item type
- Marked-up PDF drawings indicating counted items, with tags and references Notes documenting
- Notes documenting assumptions, conflicts, or missing information
1.3 Turnaround Time
Standard turnaround time is 48–72 hours from receipt of payment. Turnaround times may vary depending on project complexity, drawing completeness, and order volume.
1.4 Quality and Accuracy
All takeoffs are AI-assisted and reviewed by experienced estimators. OSTE uses industry-standard CSI MasterFormat structure and cross-checks schedules against plans. Deliverables are provided solely as estimating aids and are not guaranteed to be final, complete, or error-free.
2. Pricing and Payment
2.1 Pricing Structure
Pricing is $89 per CSI division per project. Each project-division combination constitutes a separate line item.
Example: If you order Division 08 and Division 10 for Project A, and Division 08 for Project B, your total is 3 line items = $267.
2.2 Payment Terms
Payment is due in full at checkout and is processed through third-party payment processors, including Elavon. By placing an order, you authorize OSTE and its payment processors to charge the total amount shown in your cart to your selected payment method.
All fees are stated and payable in U.S. Dollars (USD). Payment obligations are non-cancelable once Services have commenced.
You are responsible for any bank fees, card fees, or cross-border charges imposed by your financial institution.
2.3 Payment Processing
Payments are processed securely through third-party payment processors, including Elavon. OSTE does not store full credit card numbers or sensitive payment authentication data on its own systems.
If a payment is declined, reversed, disputed, or fails settlement, OSTE may suspend, delay, or cancel the associated order until valid payment is received.
If a payment initially appears authorized but later fails settlement or is reversed by Elavon or the card issuer, OSTE may cancel or pause work on the related order and request an alternative valid payment method to continue processing.
OSTE shall not be responsible for delays or failures caused by payment processor errors, banking issues, or circumstances beyond OSTE’s reasonable control.
2.4 Taxes
All fees are exclusive of any applicable sales, use, value-added, goods and services, withholding, or similar taxes, duties, or assessments imposed by any governmental authority. You are responsible for all such taxes, other than taxes based solely on OSTE’s net income.
3. Refund and Cancellation Policy
3.1 Cancellation Before Work Begins
Orders may be canceled before OSTE begins reviewing drawings or performing Services. Approved cancellations may result in a full refund to the original payment method, subject to payment processor rules.
In some cases, such refunds may be handled as a void for unsettled transactions under Elavon’s rules, in which case the charge may never post to your account or may automatically drop off after your bank updates your statement.
3.2 No Refunds After Work Has Started
Once OSTE has begun reviewing drawings, setting up counts, or performing any portion of the Services, the order becomes non-cancelable and non-refundable.
If you believe there has been an error in the work delivered, OSTE will review and correct any confirmed counting errors at no additional charge, rather than issuing a refund.
Scope changes, including new or revised drawings, added areas, additional CSI divisions, or changes in bid requirements, are treated as new scope and require new orders at the then-current per-division pricing.
3.3 Processing Refunds
Any approved refund will be processed back to the same card or account used for the original transaction, in accordance with Elavon’s refund rules. Refunds will not be issued in cash or by check for card payments.
Depending on your bank or card issuer, refunds may take several business days to appear on your statement after they are initiated by OSTE and the payment processor.
3.4 Service Issues
If deliverables are not provided within the committed turnaround time, or if there is a material Service failure on OSTE’s part (excluding issues caused by drawing quality, incomplete information, or scope changes), you may request a refund or redelivery by contacting services@oste.ai within seven (7) days of the original delivery deadline.
4. Corrections and Revisions
4.1 Counting Errors
OSTE will correct confirmed counting errors at no additional charge if reported within 14 days of delivery. To request a correction, email services@oste.ai with the project name, division, and a clear description or screenshot of the error.
4.2 Scope Changes
Any change to the original scope including new drawings, revised schedules, added areas, or additional CSI divisions constitutes new work and requires a new order at $89 per division per project.
4.3 Drawing Issues
If drawings are incomplete, illegible, or missing critical information, OSTE will document assumptions or flag missing details in the deliverables. Additional clarification or resubmission of corrected drawings will be treated as a scope change.
5. File Uploads and Data Security
5.1 Uploading Plans and Project Files
You are solely responsible for uploading complete, accurate, and legible plan sets and project documents in the accepted file formats specified on the order form, including PDF, DWG, or other supported formats. Where necessary, large files must be compressed, segmented, or otherwise prepared to facilitate upload and processing.
OSTE is not responsible for errors, delays, or deficiencies in the Services resulting from incomplete, illegible, corrupted, or improperly uploaded files.
5.2 Data Handling and Confidentiality
OSTE will handle uploaded plans and project files in a commercially reasonable and confidential manner and will not disclose such materials to third parties except as reasonably necessary to perform the Services, maintain system functionality, engage service providers, or comply with legal or regulatory obligations.
Project files and related data may be retained for record-keeping, quality assurance, dispute resolution, training, and legal compliance purposes. OSTE does not guarantee long-term storage or retrieval of uploaded files unless expressly agreed in writing.
5.3 User Representations and Responsibility
You represent and warrant that you have all necessary rights, licenses, permissions, and authority to upload, share, and use the plans, drawings, specifications, and project information provided to OSTE.
You further represent that such materials do not infringe, misappropriate, or violate any intellectual property rights, confidentiality obligations, or other rights of any third party. You remain solely responsible for the content, accuracy, and legality of all uploaded materials.
6. Privacy and Data Protection
OSTE collects and processes business, contact, technical, and project-related information solely for legitimate business purposes, including providing and administering the Services, processing payments, communicating with users, improving service quality, maintaining operational integrity, and complying with applicable legal or regulatory obligations.
Payment transactions are processed securely through third-party payment processors. OSTE does not store full credit card numbers or sensitive payment authentication data on its own systems.
OSTE maintains commercially reasonable administrative, technical, and organizational safeguards designed to protect information against unauthorized access, disclosure, alteration, or destruction. However, you acknowledge and agree that no data transmission or storage system can be guaranteed to be completely secure, and OSTE disclaims any absolute security guarantee to the maximum extent permitted by law.
7. Professional Disclaimer
OSTE does not provide licensed contracting, construction management, engineering, architectural, legal, or other regulated professional services. All Services and deliverables are provided solely for estimating, informational, and reference purposes.
OSTE deliverables do not constitute professional advice, final quantities, or construction documents, and shall not be relied upon as such. OSTE shall have no responsibility or liability for bid outcomes, cost overruns, project delays, or any reliance placed on the deliverables as final or complete quantities.
You are solely responsible for independently reviewing, verifying, and validating all quantities, pricing, constructability, code compliance, bids, and project decisions, and for engaging appropriately licensed professionals where required.
8. Limitation of Liability
8.1 No Warranty of Final Pricing or Results
OSTE’s takeoffs and deliverables are provided solely as estimating guidelines and informational tools and do not constitute final quantities, pricing, bids, guarantees, or representations of project outcomes. You remain solely responsible for verifying quantities, applying unit costs, and determining final bid amounts and pricing decisions.
8.2 Liability Cap
To the maximum extent permitted by applicable law, OSTE’s total aggregate liability arising out of or relating to these Terms, the Website, or the Services, whether in contract, tort, negligence, strict liability, or otherwise, shall not exceed the total amount actually paid by you to OSTE for the specific order giving rise to the claim.
8.3 Exclusion of Consequential and Similar Damages
In no event shall OSTE be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation lost profits, lost bids, loss of business opportunities, project delays, or business interruption, even if OSTE has been advised of the possibility of such damages.
9. Intellectual Property
9.1 Ownership of Deliverables
Upon receipt of full payment, you are granted ownership of the specific takeoff deliverables as delivered to you for the applicable project, including the Excel files and marked-up PDF drawings.
Notwithstanding the foregoing, OSTE retains all right, title, and interest in and to its underlying methodologies, templates, processes, workflows, software, algorithms, models, and any proprietary tools or materials used to create the deliverables, whether or not such elements are embedded in or used to generate the deliverables.
9.2 Use Restrictions
The deliverables are provided solely for your internal estimating and bidding purposes in connection with the applicable project. You may not copy, resell, redistribute, sublicense, publish, or otherwise make the deliverables available to any third party, in whole or in part, without OSTE’s prior written consent.
10. Indemnification
You agree to indemnify, defend, and hold harmless OSTE, and its officers, directors, employees, contractors, and agents, from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- your breach of these Terms;
- your access to or use of the Services or deliverables; or
- any claim that the plans, drawings, specifications, or project information uploaded or provided by you infringe, misappropriate, or otherwise violate any intellectual property, confidentiality, or other rights of a third party.
11. Force Majeure
OSTE shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by events beyond OSTE’s reasonable control, including, without limitation, acts of God, natural disasters, fire, flood, earthquakes, pandemics, labor disputes, power or internet outages, system or server failures, cyber incidents, governmental actions, war, terrorism, or failures or delays of third-party service providers, including hosting, software, or payment processing providers, provided that such events are not caused by OSTE’s willful misconduct.
During the continuance of the Force Majeure event, OSTE’s performance obligations shall be suspended for the duration of the event, and any affected deadlines shall be reasonably extended.
12. Dispute Resolution and Governing Law
12.1 Governing Law
These Terms, and any dispute, claim, or controversy arising out of or relating to the Services, the Website, or these Terms, shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
12.2 Amicable Settlement
The parties shall first attempt, in good faith, to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services through amicable negotiations. Either party may initiate such negotiations by providing written notice to the other party describing the nature of the dispute.
If the dispute is not resolved within thirty (30) days of such notice (or such longer period as the parties may mutually agree in writing), either party may proceed in accordance with Clause 12.3.
12.3 Binding Arbitration
Any dispute, claim, or controversy not resolved through amicable settlement under Clause 12.2 shall be finally and exclusively resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its applicable rules.
The arbitration shall be conducted by a single arbitrator and shall be seated in Wilmington, Delaware, unless the parties agree otherwise in writing. The arbitration shall be conducted in the English language.
Each party shall bear its own attorneys’ fees and costs incurred in connection with the arbitration, unless the arbitrator determines otherwise in accordance with applicable law. The arbitrator’s fees and administrative costs shall be allocated as determined by the arbitrator or in accordance with the applicable AAA rules.
Notwithstanding the foregoing, either party may seek temporary or injunctive relief in a court of competent jurisdiction to prevent irreparable harm, without waiving the requirement to arbitrate other claims.
13. Electronic Acceptance and Authority
By accessing or using the Website, placing an order, uploading files, or submitting payment, you acknowledge and agree that such actions constitute a legally binding electronic acceptance of these Terms, enforceable to the same extent as a written signature.
You represent and warrant that you are at least eighteen (18) years of age and that you have the full legal right, power, and authority to enter into these Terms on behalf of yourself and, if applicable, the entity you represent.
14. Changes to Terms
OSTE reserves the right to update, amend, or modify these Terms at any time, in its sole discretion. Any such changes will become effective upon posting the revised Terms on the Website.
Your continued access to or use of the Website or Services after the effective date of any changes constitutes your acceptance of the revised Terms. Changes shall apply prospectively only and shall not affect orders placed prior to the effective date of the updated Terms
15. Miscellaneous
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Waiver. No failure or delay by OSTE in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy, nor shall any single or partial exercise preclude any other or further exercise thereof.
Assignment. You may not assign, transfer, or delegate these Terms, in whole or in part, without OSTE’s prior written consent. OSTE may assign these Terms, without restriction, in connection with a merger, acquisition, reorganization, sale of assets, or otherwise upon notice.
16. Contact Information
For questions about these Terms, refunds, corrections, or any other service issues, contact:
Email:
services@oste.ai
Website
www.oste.ai
For pricing or volume discount inquiries, contact:
Contact Us
billing@oste.ai
