Terms of Service
These terms are the agreement between you and Derek Zak for using the Shimwise app. They also serve as the app’s end-user licence agreement (EULA).
1. The agreement
By downloading or using Shimwise you agree to these terms and to our Privacy Policy. Shimwise is for businesses and professionals, and you must be at least 18 and able to enter a contract. If you use Shimwise for a company, you agree for that company.
2. What Shimwise does
Shimwise helps you measure jobs, build quotes from your own price book, send them to customers through a web link, collect electronic signatures and deposits, and produce invoices. Shimwise is a software tool. We are not a party to any contract between you and your customer, we don’t perform or guarantee any work, and we don’t set or recommend prices.
Features may depend on your iPhone model, iOS version and connection. Room scanning requires an iPhone with LiDAR. We may change, add or remove features over time; if we remove something central to Pro, we’ll tell you in advance.
3. Free tier
Without a subscription you can send your first 5 quotes, with no time limit. Drafts, the price book, scanning and dictation are unlimited. With or without Pro, you can always view everything you’ve made, export your data, receive acceptances and payments on quotes you already sent, and mark invoices paid. The number of free sends is tracked per Apple Account and device and can’t be reset by reinstalling.
4. Shimwise Pro subscriptions
Shimwise Pro unlocks unlimited sending of quotes, invoices and options. It is sold through the Apple App Store as an auto-renewing subscription:
- Shimwise Pro Monthly: $19.99 (US) per month, renewing every month.
- Shimwise Pro Yearly: $149 (US) per year, renewing every year.
- Prices in other countries, including Canada, are shown in the App Store before you buy and may include taxes.
Auto-renewal. Payment is charged to your Apple Account when you confirm the purchase. The subscription renews automatically unless you turn off auto-renew at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period, at the same price unless we’ve told you otherwise in advance. You can manage or cancel your subscription in your Apple Account settings (on iPhone: Settings > your name > Subscriptions). Cancelling stops the next renewal; Pro stays active until the end of the period you’ve paid for.
Free trial. New subscribers may be offered a 14-day free trial as an introductory offer, once per Apple Account. If you don’t cancel at least 24 hours before the trial ends, the paid subscription starts automatically. If you buy a subscription during a free trial, any unused part of the trial ends when the purchase takes effect.
Price changes. We promise that existing subscribers keep their price for as long as their subscription continues without a break. If we ever need to change that, we’ll give you notice, and Apple will ask for your consent where required.
Refunds. Apple handles all billing and refunds for subscriptions. See our Refunds page.
5. Your responsibilities
You run your business; Shimwise is a tool you use to do it. You are responsible for:
- Your prices and quotes. Every price comes from your price book or your edits. Check measurements, quantities, line items and totals before you send. Scans, dictation and suggested line items can be wrong.
- Licensing and registration. Holding any licence, registration, permit, bond or insurance your work requires, and entering correct numbers in the app.
- Taxes. Setting the correct tax rates and registration numbers, and collecting and remitting tax. Shimwise doesn’t supply tax rates.
- Legal compliance. Following the consumer protection, home-solicitation, cancellation, deposit, contract, privacy and anti-spam laws that apply to you and your customers, including giving correct information about where the job is and whether the customer invited you.
- Your customers. Having permission to send messages to the customers you contact, performing the work you agree to, and honouring cancellations and refunds.
- Your account and device. Keeping your iPhone and Apple Account secure.
6. Templates are not legal advice
Shimwise includes contract wording, e-records consent text and notices of cancellation for many US states and Canadian provinces, and it calculates cancellation deadlines and checks deposit limits. These templates are prepared with care and reviewed, but they are general templates, not legal advice, and laws change. Using them doesn’t create a lawyer–client relationship. They may not cover your trade, your situation or a recent change in the law. You’re responsible for the contracts you send; if you’re unsure, get advice from a lawyer where you work.
Shimwise is not currently offered for jobs in Quebec.
7. Customer payments and Stripe
To accept deposits and invoice payments online, you connect your own Stripe account. Payments are made directly to your Stripe account under your agreement with Stripe (the Stripe Services Agreement and, where it applies, the Stripe Connected Account Agreement). Stripe, not Shimwise, processes the payments, charges its processing fees to you, decides on payouts and holds, and handles disputes and chargebacks under that agreement. Shimwise adds no fee or markup to your customer payments and never holds your funds.
You are responsible for refunds you owe your customers, including refunds of deposits after a valid cancellation, and for any disputes. Under Stripe’s rules we can see limited information about your connected account to make the integration work.
8. Your content and data
You own your price book, quotes, photos, client list and everything else you put in Shimwise. You give us permission to host, process and transmit the content you choose to send, only as needed to run the service (for example, to show a quote to your customer and to email signed copies). You confirm you have the right to share your customers’ information with us for that purpose.
You can export all your data as CSV and PDFs at any time, including after your subscription ends. Signed contract records are kept for at least 7 years as described in the Privacy Policy.
9. Acceptable use
Don’t use Shimwise to break the law, deceive or harass anyone, send spam, send quotes for work you don’t intend to perform, collect payments fraudulently, interfere with the service, or get around the free-tier limit or subscription checks. We may suspend sending for accounts that do, and we’ll tell you why unless the law or safety prevents it.
10. Licence
We give you a personal, non-exclusive, non-transferable licence to use the Shimwise app on Apple devices you own or control, as allowed by the Apple Media Services Terms and Conditions. You may not copy, modify, reverse engineer or resell the app except where the law allows it. We keep all rights not expressly granted.
11. Apple
These terms are between you and Derek Zak, not Apple. Apple is not responsible for the app or its content. Apple has no obligation to provide maintenance or support for the app. If the app fails to meet any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the app; to the maximum extent permitted by law, Apple has no other warranty obligation for the app. Apple is not responsible for any claims relating to the app or your use of it, including product liability, legal or regulatory compliance, consumer protection or privacy claims, or claims that the app infringes someone else’s intellectual property; we are responsible for those to the extent these terms say so. You confirm that you are not located in a country subject to a US government embargo or on any US government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
12. Disclaimers
To the extent the law allows, Shimwise is provided “as is” and “as available”. We don’t promise that it will be uninterrupted or error-free, that measurements, transcriptions, suggested line items or calculated deadlines will be accurate, or that templates will meet the requirements of every jurisdiction. Some places don’t allow these exclusions, so some may not apply to you.
13. Limitation of liability
To the extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost jobs, lost data or business interruption, arising from your use of Shimwise. Our total liability for any claim relating to Shimwise is limited to the greater of the amount you paid for Shimwise Pro in the 12 months before the claim arose and US $100.
Nothing in these terms limits liability that cannot be limited by law, such as for fraud or, where applicable, gross negligence.
14. Indemnity
You agree to cover our reasonable losses and costs from claims by your customers or others that arise from your work, your quotes and contracts, your prices, your breach of law, or your breach of these terms.
15. Ending the agreement
You can stop using Shimwise at any time by deleting the app and cancelling Pro in your Apple Account settings. We may end or suspend access for serious or repeated breaches of these terms. If we stop offering Shimwise, we’ll give at least 60 days’ notice so you can export your data, and quote links that customers have signed will stay available for the retention period.
16. Governing law and disputes
These terms are governed by the laws of the Province of Alberta and the federal laws of Canada that apply there, without regard to conflict-of-law rules. Before filing a claim, please email us so we can try to resolve it informally. Disputes will be resolved in the courts located in the Province of Alberta, unless the consumer protection laws where you live give you the right to bring a claim elsewhere.
17. General
We may update these terms. If a change matters, we’ll tell you in the app at least 30 days before it takes effect; continuing to use Shimwise after that means you accept the new terms. If any part of these terms can’t be enforced, the rest still applies. These terms, with the Privacy Policy, are the whole agreement between you and us about Shimwise.
18. Contact
Derek Zak
50 Legacy Woods Circle SE, Calgary, AB T2X 4M2
zak.support12@gmail.com