These Terms of Service ("Terms") govern your access to and use of the Exterior Consigliere software-as-a-service platform (the "Service"), operated by Exterior Consigliere LLC, an Arizona limited liability company ("we", "us", "our"). The company or person that creates an account is the "Customer" or "you." By creating an account, clicking "I agree," or using the Service, you agree to these Terms. If you are accepting on behalf of a company, you represent that you are authorized to bind it.
We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business operations during your subscription. You are responsible for your account, for the security of your login credentials, and for all activity under your account. Each Customer organization ("tenant") is administered by its own admin user; the number of user seats is limited by your plan tier (Core / Pro / Elite). You must be at least 18 and provide accurate registration information.
The Service is offered on a prepaid subscription basis in tiers (Core / Pro / Elite), billed monthly or annually through our payment processor, Stripe. New accounts include a 10-day free trial with a card on file; unless you cancel before it ends, the trial converts to a paid subscription automatically.
You agree not to: (a) use the Service unlawfully or in violation of these Terms; (b) resell, sublicense, or provide the Service to third parties except your own authorized users; (c) copy, reverse-engineer, or attempt to derive the source code; (d) interfere with or overload the Service; or (e) misuse the AI, measurement, or email features. You are solely responsible for the messages you send to your own customers through the Service (including compliance with CAN-SPAM, TCPA, and similar laws); we provide the tool, you control the content and the consent to contact.
As between you and us, you own the data you put into the Service, including your customers' (homeowners') information. You are the "controller" of that personal data and we are your "processor" / service provider, processing it only to provide the Service and on your instructions, under our Data Processing Addendum (the "DPA"), which is incorporated into these Terms by reference. We grant ourselves no right to use your data for our own purposes and we do not sell it.
Export & deletion. You can export your data while your account is active. After cancellation or termination, your account enters a 30-day hold (suspended but recoverable — reactivate by paying), followed by a 30-day deletion window during which you may still request an export. After that (approximately 60 days total) your data is permanently deleted, except where retention is required by law or an active legal hold. You remain responsible for meeting your own record-keeping obligations (e.g., tax or contractor records) using the export window.
Roof measurements produced by the Service are estimates derived from third-party aerial/satellite imagery and data (such as Google Solar/Maps) and may be inaccurate and can undercount the actual roof, particularly on shaded or lower-resolution imagery. They are provided for convenience only. You must independently verify all measurements before bidding, ordering materials, or contracting. We are not liable for losses arising from reliance on an automated measurement.
AI-generated content — including AI-drafted estimates, follow-ups, review replies, lead extraction, and photo assessments — consists of suggestions for your review. We do not warrant its accuracy, completeness, or fitness, and you are responsible for reviewing and for everything you send or rely on.
The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, and we offer no uptime or service-level commitment at this stage.
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits or data, arising out of or relating to the Service. Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the fees you paid to us in the twelve (12) months preceding the event giving rise to the claim.
You will defend, indemnify, and hold us harmless from claims, damages, and costs arising out of (a) your use of the Service, (b) the data you process through it, (c) messages you send through it, and (d) your violation of these Terms or applicable law.
You may terminate by canceling your subscription. We may suspend or terminate for non-payment, breach of these Terms, or if required by law. On termination, your right to use the Service ends and your data is handled per the retention schedule in Section 4.
We may update these Terms; for material changes we will provide notice (e.g., in-app or by email) and may require re-acceptance. Continued use after the effective date constitutes acceptance. These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-laws rules, and the parties consent to the exclusive jurisdiction of the state and federal courts located in Arizona.