Terms of Use

Draft, pending legal review. Effective date: [to be confirmed: effective date]

These terms are an agreement between you and [to be confirmed: US company legal name and street address] ("we", "us") about your use of [to be confirmed: product name] (the "Service"). By using the Service you agree to them. If you do not agree, do not use it. Our Privacy Policy explains what we collect and why.

1. What the Service is, and what it is not

The Service turns a floor plan into a 3D house you can walk through, change, and talk over with others. It is a tool for picturing a home and preparing questions for your builder.

It is not design, engineering, construction, legal or code-compliance advice, and it is not a quote.

• Sizes, quantities, what it takes to build, and trade-offs the Service shows are estimates worked out from the plan. Your builder confirms every number before anything is built.
• Numbers that stand for rules (setbacks, roof overhangs, door heights, egress and the like) are stand-ins. They are not your local building code or your builder's standards, and they may be wrong for your lot.
• A plan read from a picture can be misread. Check the model against the plan.
• A change that looks possible in the Service may not be buildable, allowed, or offered by your builder.

Do not make a purchase, contract or construction decision based only on the Service.

2. Who may use it

You must be at least 13 years old to use the Service, and old enough to form a binding contract where you live (or have a parent or guardian agree to these terms for you). The Service is meant for people in the United States.

3. Your account

Signing in with Google is optional. You are responsible for what happens under your account. Tell us at [to be confirmed: contact email] if you think someone else is using it.

4. Your content, and floor plans you upload

"Your content" is what you put into the Service: floor plan pictures, houses and changes, comments, display names and feedback.

Floor plans are often protected by copyright. A builder's or designer's catalog plan usually belongs to them, even when it is printed in a brochure or posted online. By uploading or sharing a plan, you promise that:

• you own it, or have the right to use it this way (for example, you are considering or have bought that plan from its owner), and
• your use of it in the Service does not infringe anyone's copyright or other rights.

Private by default. The Service has no public gallery. A plan you upload is read and not stored by us. A house is visible to others only if you create a share link and give it to them. You are responsible for who you give links to.

Your rights. You keep whatever rights you have in your content. You give us a non-exclusive, worldwide, royalty-free license to host, store, copy, process and display your content only as needed to run the Service for you and the people you share with, including sending floor plan pictures to our service provider to be read. This license ends when your content is deleted, except for copies in backups for the time stated in our Privacy Policy.

Feedback. If you send us ideas or suggestions, we may use them without owing you anything.

5. Shared links

A share link lets anyone who has it open the house with the access the link gives (edit, comment, or view only). Links can be forwarded. Whoever shared the house can turn a link off, which stops it from working. You are responsible for what you share and with whom, and for what you write in comments other people will read.

6. Things you may not do

You may not:

• upload or share content you do not have the right to use, or that infringes copyright, trademark, privacy or other rights;
• upload anything unlawful, harassing, or that includes other people's personal information without their permission (for example, a stranger's home address or photos);
• try to get into houses, accounts or parts of the Service you were not given access to, or get around limits we set;
• overload, scrape, or disrupt the Service, or use automated means to send it plans in bulk;
• copy, resell, or build a competing product from the Service itself;
• use the Service to break the law.

We may remove content or suspend access that breaks these terms.

7. Copyright complaints (DMCA)

We respect copyright and respond to notices under the Digital Millennium Copyright Act (17 U.S.C. § 512).

To report content you believe infringes your copyright, send our designated agent a written notice that includes:

1. your physical or electronic signature;
2. identification of the copyrighted work (for example, the plan and where it is published);
3. identification of the material in the Service and enough to find it (for example, the share link);
4. your name, address, telephone number and email address;
5. a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and
6. a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act for the owner.

Designated agent: Copyright Agent, [to be confirmed: US company legal name and street address], [to be confirmed: phone and email for copyright notices]. Registered with the U.S. Copyright Office: [to be confirmed: registration once filed]

When we receive a valid notice, we will remove or disable access to the material and let the person who shared it know.

Counter-notice. If your material was removed and you believe it was a mistake or misidentification, you may send our agent a counter-notice with: your physical or electronic signature; identification of the material and where it was before removal; a statement under penalty of perjury that you have a good-faith belief it was removed by mistake or misidentification; and your name, address and telephone number, with a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district in which we may be found) and will accept service of process from the person who sent the notice. We will forward it to that person and may restore the material in 10 to 14 business days unless they tell us they have filed a court action.

Repeat infringers. We will end, in appropriate circumstances, the access of users who repeatedly infringe.

8. The Service may change

The Service is under active development. We may add, change or remove features, or stop the Service, at any time. We will try to give notice before removing something you rely on, and a way to take your houses with you where we can.

9. Fees

The Service is currently free. [to be confirmed: payment terms, once a pricing model exists] If we start charging for any part of it, we will tell you the price and terms before you pay, and nothing will be charged without your agreement.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE, ITS MEASUREMENTS OR ESTIMATES ARE ACCURATE, COMPLETE OR ERROR-FREE, OR THAT YOUR CONTENT WILL NOT BE LOST. Keep your own copy of anything that matters to you.

11. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR COSTS OF CONSTRUCTION, REDESIGN OR DELAY, ARISING FROM YOUR USE OF THE SERVICE OR RELIANCE ON ANYTHING IT SHOWS. OUR TOTAL LIABILITY FOR ANY CLAIM ABOUT THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US FOR IT IN THE 12 MONTHS BEFORE THE CLAIM OR US $100. Some places do not allow these limits, so they may not all apply to you.

12. Indemnity

If someone brings a claim against us because of content you uploaded or shared, or because you broke these terms, you agree to cover our reasonable losses and costs from that claim, to the extent the law allows.

13. Ending

You may stop using the Service at any time and ask us to delete your account and content (see the Privacy Policy). We may suspend or end your access if you break these terms or if we stop the Service. Sections 4 (feedback), 10, 11, 12 and 14 continue after that.

14. Governing law and disputes

These terms are governed by the laws of the State of [to be confirmed: US company's state of formation] and applicable U.S. federal law, without regard to conflict-of-law rules. Before filing a claim, please write to us at [to be confirmed: contact email] so we can try to resolve it informally within 30 days. Any claim that is not resolved will be brought only in the state or federal courts located in that state, and you and we consent to their jurisdiction, except that either of us may bring a claim in small claims court where it qualifies. Nothing here limits rights you have under the consumer protection laws of the state where you live.

15. Changes to these terms

We may update these terms. We will post the new version here with a new effective date, and tell you in the Service before an important change applies. Continuing to use the Service after that means you accept the new terms.

16. Contact

[to be confirmed: US company legal name and street address]
[to be confirmed: contact email]