Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and Patcher LLC, a Connecticut limited liability company (“Patcher,” “we,” “us,” or “our”), governing your access to and use of Patcher's website, iOS application, account and order features, measurement and quantity-estimation tools, product information, AI-assisted features, customer support, and related services (collectively, the “Services”), and purchases of physical products sold by Patcher through the Services.

By creating an account, placing an order, or otherwise affirmatively accepting these Terms where presented, you agree to these Terms. If you do not agree, do not create an account, place an order, or use a feature that requires acceptance.

1. Other policies that apply

The following policies are incorporated into these Terms when relevant:

• Privacy Policy;
• Mobile App End User License Terms;
• Shipping Policy;
• Refund & Replacement Policy;
• Product Safety & Installation Disclaimer;
• AI Assistant Disclaimer; and
• the current label, technical data sheet (TDS), safety data sheet (SDS), installation instructions, recall/stop-use notice, and any written warranty presented for the exact physical product you purchase.

If general Patcher guidance conflicts with a current recall/stop-use notice or the current safety or installation information for the exact product delivered, the product-specific information controls. Mandatory law always controls over these Terms.

2. Eligibility and lawful use

You must be at least 18 years old and legally capable of entering into a binding agreement. Patcher's consumer workflow is intended for supported United States service areas and lawful use on property you own or are authorized to repair.

Patcher does not authorize you to work in live traffic, on a public road or restricted right-of-way, on or near a utility, or in any location where a permit, license, traffic-control plan, utility locating, professional supervision, or other authorization is required unless you have independently satisfied those requirements.

3. Accounts and guest-order access

You must provide accurate information and protect your sign-in methods, devices, and authenticated guest-order access. You may not access another person's account or order, impersonate another person, bypass authentication or security, probe or exploit the Services without authorization, or use the Services unlawfully.

If you create an account, you may initiate deletion through the in-app account controls. Some transaction, fraud, tax, product-safety, recall, warranty, dispute, security, and other records may be retained where lawfully required or permitted, as described in the Privacy Policy.

4. Measurements, scans, and quantity recommendations

Patcher may use camera imagery, device depth or LiDAR when available, user-confirmed boundaries, manual inputs, geometry calculations, and verified product-yield information to estimate visible asphalt damage and the amount of repair material that may be needed.

Measurements, classifications, volume calculations, and quantity recommendations are estimates, not guarantees. Actual conditions and material requirements can differ because of irregular geometry, hidden voids, loose or deteriorated pavement, base/subgrade failure, drainage, compaction, product density, temperature, moisture, weather, device capability, camera conditions, user input, installation technique, and other site-specific factors.

A Patcher estimate does not establish that a repair is structurally appropriate, code-compliant, permanent, safe for traffic, suitable for a particular site, or capable of achieving a particular service life.

You must review the repair area, the recommended quantity, the exact product selected, and the current product instructions before purchase and use.

5. AI-assisted and automated guidance

Some Services use automated systems, including artificial intelligence, to assess visible pavement damage in user-submitted photos or, separately, explain deterministic measurement and quantity results at your request. AI output can be inaccurate, incomplete, outdated, or inappropriate for your product or site.

AI does not create an engineer-client, contractor-client, inspector-client, architect-client, code-consultant, or other professional-services relationship. It is not a substitute for an on-site evaluation, professional judgment, utility locating, traffic control, emergency services, law, permit requirements, or current product instructions.

When information conflicts, follow this order of authority:

1. emergency directions, law, utilities, and public-authority instructions;
2. recall/stop-use notices and the current label, SDS, TDS, and manufacturer/supplier instructions for the exact product;
3. Patcher's deterministic safety stops and verified product-specific workflow;
4. other verified Patcher documentation; and
5. AI-generated output.

Do not follow AI output that conflicts with a higher-priority source or observable unsafe condition. The AI Assistant Disclaimer contains additional limitations.

6. Safety and user responsibilities

You are responsible for deciding whether you are legally authorized, properly equipped, and capable of performing the work safely, subject to Patcher's legal responsibilities that cannot be waived.

You are responsible for:

• reading and following the exact delivered product's current label, SDS, TDS, installation, PPE, storage, handling, and disposal instructions;
• obtaining property permission, permits, approvals, or utility locating when required;
• controlling access to the work area and keeping people, pets, and vehicles away as appropriate;
• not creating unsafe traffic conditions;
• stopping if the product is damaged, leaking, mislabeled, recalled, contaminated, or otherwise appears unsafe;
• stopping when the repair involves unresolved drainage, base failure, settlement, heaving, widespread cracking, edge collapse, suspected utilities, public-road/live-traffic conditions, unusually deep or extensive damage, or another condition outside the intended workflow; and
• obtaining qualified professional evaluation when the condition exceeds a localized consumer repair.

See the Product Safety & Installation Disclaimer before use.

7. User content and permissions

You retain ownership of content you submit, such as messages, support materials, and photos. You grant Patcher a limited, non-exclusive license to host, transmit, process, reproduce, and use that content only as reasonably necessary to provide, secure, troubleshoot, and support the Services; comply with law; or protect against fraud, abuse, or product-safety issues.

Research use is separate. Patcher will not use optional operational uploads for research merely because you submitted them for an order or support purpose. Research processing requires the separate consent described in the Privacy Policy.

You represent that you have the right to submit the content and that doing so does not unlawfully disclose another person's private information or infringe another person's rights.

If you voluntarily submit ideas or feedback about Patcher that are not subject to a separate confidentiality agreement, Patcher may use that feedback without restriction or compensation, but this does not grant Patcher a general right to use your private photos or personal data for unrelated purposes.

8. Orders and acceptance

Product listings are invitations to place an order and may be subject to minimum quantities, inventory, service-area limits, shipping constraints, and other conditions shown before checkout.

When you submit an order, you offer to buy the products identified in the final server-confirmed checkout summary. An order is accepted only when Patcher confirms acceptance through the order-confirmation process. A client-side success screen, authorization hold, or pending payment alone does not require Patcher to accept an order.

Before acceptance, Patcher may reject or cancel an order because of inventory, unsupported destination, payment failure, suspected fraud, pricing/product-data error, recall or safety concern, legal restriction, or inability to fulfill. If Patcher cancels an order after collecting payment, Patcher will provide the refund required by law and the applicable policy.

9. Product identity and substitutions

Review the product identity, package quantity, price, shipping charge, tax, and product documentation before purchase.

Patcher will not knowingly substitute a materially different product without obtaining any notice or consent required by law. If you approve a substitute, the current label, SDS, TDS, instructions, and warranty information for the product actually delivered control.

Patcher may stop selling, shipping, or recommending a product because of a recall, safety concern, documentation issue, inventory issue, or other lawful reason.

10. Prices, minimum quantities, taxes, and payment

The price, minimum quantity, shipping charge, tax, discounts, and total shown in the final server-confirmed checkout summary apply to that order, subject to correction of an obvious error before acceptance as permitted by law.

Future prices, minimum quantities, shipping rates, service areas, and availability may change. Those changes do not retroactively change an accepted order unless you agree or law permits.

Payments are processed by Stripe, including Apple Pay where available. Patcher receives payment status and provider transaction identifiers but does not intentionally receive or store raw card numbers, CVV, or Apple Pay payment cryptograms.

You authorize Patcher and the selected provider to process the amount you approve and related verification, refund, reversal, fraud-prevention, and chargeback information as reasonably necessary.

11. Shipping and delivery

Shipping is governed by the Shipping Policy and the order-specific shipment commitment shown at checkout or in the order confirmation.

Patcher will have a reasonable basis for the shipment commitment it provides. If Patcher cannot ship within the applicable promised period, Patcher will follow the notice, consent, cancellation, and refund procedures required by applicable law.

Carrier delivery estimates are not guaranteed unless Patcher expressly states otherwise. Weather, carrier disruptions, access limitations, and events outside Patcher's control can affect delivery, but those events do not eliminate rights that applicable shipping or consumer law gives you.

12. Cancellations, returns, refunds, and replacements

The Refund & Replacement Policy governs order cancellation, preference returns, damaged or defective products, incorrect shipments, lost shipments, replacements, and refunds.

A preference-return condition does not eliminate a remedy required by law for nondelivery, a defective or unsafe product, an inadequate legally required warning, a Patcher fulfillment error, a valid warranty, or another non-waivable right.

13. Recalls and safety communications

Patcher may contact you using order/account contact information about recalls, stop-use instructions, serious product-safety issues, or other transactional safety matters. These safety communications are not marketing messages.

If Patcher identifies a credible recall or stop-use condition, it may suspend product sales, remove affected product information, place an order warning in the app, and provide return, disposal, replacement, or refund instructions as appropriate.

14. Intellectual property

The Services, including Patcher software, interface designs, text, graphics, trademarks, calculations, and underlying code, are owned by or licensed to Patcher and are protected by applicable intellectual-property laws.

Except for rights expressly granted in these Terms or the applicable app license, you may not copy, distribute, sell, rent, lease, sublicense, reverse engineer, bypass security, scrape for commercial replication, or create derivative works from the Services, except to the extent a restriction is prohibited by law.

15. Prohibited conduct

You may not use the Services to:

• violate law or another person's rights;
• commit fraud or misrepresent identity, order status, damage, delivery, or refund evidence;
• interfere with security or normal operation;
• introduce malware or harmful code;
• extract data at scale through unauthorized scraping or automation;
• use AI or measurement output to falsely represent that a site has been professionally inspected, engineered, certified, or approved; or
• resell or commercially exploit the Services unless Patcher expressly authorizes it in writing.

16. Third-party services

Patcher may rely on third-party services for hosting, authentication, payment, communications, fulfillment, mapping/geocoding, delivery, and AI functionality. Those services may have their own terms.

Patcher is responsible for its own obligations and for selecting and managing providers as required by law, but Patcher does not control every third party's independent systems or network availability.

17. Software and informational-service warranty disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, APP, MEASUREMENT/ESTIMATION FEATURES, AI FEATURES, AND OTHER INFORMATIONAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PATCHER DOES NOT WARRANT THAT THOSE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, EXACT, OR SUITABLE FOR EVERY SITE OR PURPOSE.

This software/informational disclaimer does not eliminate rights that cannot lawfully be waived and does not operate as an “as is” disclaimer of Patcher's non-waivable obligations for physical products.

18. Physical-product warranties

Patcher does not provide an additional written Patcher product warranty unless a separate written warranty is expressly identified and made available for the exact product before purchase.

A manufacturer or supplier warranty may apply if it is presented for the product. Any written warranty is governed by its own terms and applicable law.

Nothing in these Terms disclaims or limits an implied warranty, statutory warranty, product-liability duty, or other consumer right to the extent it cannot lawfully be disclaimed or limited.

19. Limitation of liability

Nothing in these Terms excludes or limits liability to the extent applicable law prohibits exclusion or limitation, including where applicable liability for fraud, willful misconduct, gross negligence, legally actionable personal injury or property damage, defective physical products, inadequate legally required warnings, or statutory consumer/privacy rights that cannot be waived.

TO THE FULLEST EXTENT PERMITTED BY LAW, PATCHER AND ITS AFFILIATES, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF USE, OR BUSINESS INTERRUPTION, ARISING FROM THE SOFTWARE OR INFORMATIONAL SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES MAY OCCUR.

TO THE FULLEST EXTENT PERMITTED BY LAW, PATCHER'S AGGREGATE LIABILITY FOR CLAIMS BASED SOLELY ON THE WEBSITE, APP, MEASUREMENT/ESTIMATION FEATURES, AI FEATURES, OR OTHER INFORMATIONAL SERVICES WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID TO PATCHER FOR THE ORDER OR PAID SERVICE MOST DIRECTLY CONNECTED TO THE CLAIM.

This service-only cap does not apply to a required refund, failed-delivery remedy, physical-product defect claim, legally actionable personal injury/property damage claim, or another claim for which applicable law prohibits the limitation.

20. Indemnification for intentional unlawful misuse

To the extent permitted by law, you agree to indemnify Patcher and its affiliates, members, managers, employees, and contractors against third-party claims and reasonable costs arising from your intentional unlawful conduct, material breach of these Terms, unauthorized use of another person's property/content, or performance of work you had no legal right to perform.

This section does not require you to indemnify Patcher for Patcher's own negligence, product defect, unlawful conduct, or liability that cannot lawfully be shifted to you.

21. Informal dispute resolution

Before starting arbitration or litigation other than an eligible small-claims matter or a request for urgent injunctive relief, you and Patcher agree to make a good-faith effort to resolve the dispute for at least 30 days.

Send a notice to info@patcher.me or by mail to:

Patcher LLC
235 E Canaan Rd
East Canaan, CT 06024-2603
United States

Include your name and contact information, the relevant order/account information if applicable, a description of the dispute, and the relief requested. Patcher may send its notice to the email or mailing address associated with your account or order.

22. Binding individual arbitration and 30-day opt-out

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO HAVE A DISPUTE DECIDED BY A COURT OR JURY.

Except for disputes eligible for small-claims court, claims seeking temporary or emergency injunctive relief, and claims that applicable law does not permit to be arbitrated, you and Patcher agree that disputes arising out of or relating to these Terms, the Services, or a Patcher transaction will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under the AAA Consumer Arbitration Rules then in effect and governed by the Federal Arbitration Act.

The arbitrator may award any remedy available to the individual claimant under applicable law. Arbitration may be conducted by documents, telephone, video, or in person in a reasonably convenient location as permitted by the AAA rules. Patcher will pay arbitration fees to the extent required by the AAA Consumer Arbitration Rules, applicable law, or the arbitrator.

Arbitration is individual. To the extent permitted by law, neither party may arbitrate claims as a class, collective, consolidated, coordinated, or representative action. If a final court decision determines that a particular claim or form of relief cannot lawfully be subject to the individual-arbitration or class-waiver provisions, that claim or relief will proceed in court to the extent required by law, and the remaining arbitrable claims will remain subject to arbitration unless applicable law requires otherwise.

Arbitration opt-out

You may opt out of this arbitration agreement by emailing info@patcher.me with the subject “Arbitration Opt-Out” within 30 days after you first accept these Terms. Include your full name and the email address associated with your Patcher account or order. Opting out does not affect the rest of these Terms.

23. Governing law and court venue

The Federal Arbitration Act governs Section 22. For matters not governed by the Federal Arbitration Act, these Terms are governed by Connecticut law, without regard to conflict-of-law principles, except that mandatory consumer rights of your home jurisdiction remain available where they cannot lawfully be waived.

If a dispute may proceed in court, you and Patcher consent to the state and federal courts located in Connecticut, except where applicable law requires another venue or an eligible small-claims case is properly filed elsewhere.

24. Changes to these Terms

Patcher may update these Terms prospectively. Material changes will receive a new version and effective date. If law or the nature of a change requires affirmative acceptance, Patcher will request it before the affected use or transaction.

Patcher will not rely solely on an inconspicuous website update to impose a materially new dispute term on a dispute that already arose.

25. Electronic communications

You consent to receive transactional, order, safety, privacy-request, and legal communications electronically at the contact information associated with your account or order, subject to applicable law. Keep your contact information current.

26. General terms

If a provision is unenforceable, it will be limited or severed to the minimum extent necessary and the remainder will remain in effect, except as specifically stated in Section 22.

Patcher's failure to enforce a provision is not a waiver. You may not assign these Terms without Patcher's consent. Patcher may assign them in connection with a merger, financing, reorganization, sale of assets, or transfer of the Services, subject to applicable law.

These Terms and the incorporated policies form the agreement between you and Patcher concerning their subject matter, except for any separate written agreement signed by Patcher.

27. Contact

Patcher LLC
235 E Canaan Rd
East Canaan, CT 06024-2603
United States
Email: info@patcher.me