Grade Your Quote, by HomeCloud: Terms of Service

Draft for attorney review. Not yet in effect. Last updated: [date]. Version 2, Oct 16: blind pricing, 7-business-day start, no referrals, fee split by type of savings, data rights.

1. Who We Are and What These Terms Cover

GradeYourQuote.com (the "Site") is operated by HomeCloud ([HomeCloud legal entity name]) ("HomeCloud," "we," "us"). HomeCloud is a licensed general contractor. We hold North Carolina General Contractor License #103925 and are also licensed in Georgia. We operate in Raleigh-Durham, Greensboro and Charlotte, North Carolina; Atlanta, Georgia; and Dallas-Fort Worth, Texas.

These Terms of Service ("Terms") apply when you use the Site or ask us to grade a quote. By using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

Please read Sections 5 and 6 closely. HomeCloud is a contractor, and we may offer to do your job ourselves for a fee based on what you save.

2. Who Can Use the Site

You must be at least 18 years old and live in the United States. You must own the property, or be acting with the owner's permission.

3. How a Grade Works

3.1 What you send us

To get a grade, you:

1. Upload a contractor's quote (a PDF or a photo).
2. Name the contractor who gave you the quote.
3. Enter the job details, the property address and the zip code.

We aim to send your grade within 24 hours of a complete submission received Monday through Thursday (Eastern time). Grades for submissions received Friday through Sunday are sent by the end of the day on Monday.

3.2 What the grade covers

Your grade looks at four things:

• Scope. Does the quote sell the right level of fix for the problem? We rate this from Level 1 to Level 5.
• Quality tier. Which of our three quality tiers the quote matches.
• Price. How the price compares to other quotes at the same scope level and the same quality tier. We do not compare a small repair to a full replacement.
• Speed. How soon the contractor promises to start.

3.3 How grades are made

Grades are drafted with the help of artificial intelligence (AI). A HomeCloud project manager reviews each grade before we send it to you.

3.4 What the grade is not

A grade is our opinion. It is based only on the documents, photos and details you send us. We have not seen your property.

A grade is not a home inspection. It is also not an appraisal, an engineering opinion or legal advice. Hidden conditions and details we cannot see may change the work needed and its cost. Do not rely on a grade alone for safety decisions. If you have a safety concern, contact a qualified professional right away.

3.5 Cost of a grade

Getting a grade costs you nothing. Asking for a grade does not obligate you to hire HomeCloud or anyone else.

4. Your Uploads, Your Promises and Our Rights

4.1 Your promises

When you upload a quote or tell us about a contractor, you confirm that:

• The quote is genuine and unaltered.
• You received it for your own property, or for a property you are authorized to act for.
• You have the right to share it with us.
• The details you give us are true and accurate, to the best of your knowledge.
• Your statements about the contractor are true, to the best of your knowledge.

4.2 Blacking out personal information

You may black out personal information on the quote that you do not want to share, such as your phone number. Please do not black out the contractor's name, the scope of work or the prices. We need them to grade the quote.

4.3 The license you give us

A contractor's quote may belong to the contractor. So we do not claim to own the document you upload. Instead, you give HomeCloud a license to use it.

This license is perpetual, irrevocable, worldwide, transferable and sublicensable. It is also royalty-free, which means HomeCloud owes you no payment for it. It lets HomeCloud use, copy, store, analyze, combine and adapt your uploads and the details you provide. It also lets HomeCloud create new works from them. This includes the uses listed in Section 4.4.

4.4 How we may use submissions

We may use your uploads and details to:

• Produce your grade.
• Build a database of quotes and prices by contractor, trade, scope, quality tier and area.
• Publish contractor grades and scorecards that name contractors (see Section 8).
• Create market pricing benchmarks and reports. We may publish or share these with business partners in combined or de-identified form.
• Find and recruit contractors to work with HomeCloud.
• Train and improve HomeCloud's software, including AI models.
• Offer you other HomeCloud home services. You can opt out of these offers at any time.

4.5 What HomeCloud owns

Everything HomeCloud creates belongs to HomeCloud. This includes grades, scores, ratings, pricing data, databases, benchmarks, reports and de-identified data.

4.6 If you delete your account or ask us to delete your information

The license in Section 4.3 continues after you delete your account or ask us to delete your information. Your personal information is handled under our Privacy Policy.

4.7 Your personal information

We never publish your name, address, phone number or email. Our Privacy Policy explains how we collect, use, share and protect your personal information. It is part of these Terms.

4.8 Sharing your grade with your agent

The form has a checkbox to share your grade with your real estate agent. If you check it, we will send your grade to the agent you name.

5. HomeCloud May Offer to Do the Work

5.1 Our disclosure

HomeCloud is a contractor. After grading your quote, we may offer to do the job ourselves. We want you to know this up front. You are never required to accept.

5.2 When we bid

We only offer to bid when all of these are true:

• HomeCloud's price for the correctly scoped job is $5,000 or more. Several jobs at the same home may be combined to reach $5,000. The total on your quote does not count toward this minimum.
• The property is in our service area.
• The job is in a trade we perform.
• We have a crew available to start within 7 business days of your approval.

If any of these is not true, you get your grade only. HomeCloud does not bid on the job.

5.3 How we price: blind pricing

We price the correct scope from our own price book. We do this before we look at the other contractor's price. We may look at the other contractor's scope of work, but never its price, before we set our price.

We always give you our best price. We do not promise any pricing formula beyond what these Terms say.

5.4 Our prices are preliminary

Any HomeCloud price shown on the Site is preliminary. We confirm it after a site visit. The final price is set in a separate written construction contract.

5.5 Our start commitment

We commit to start your job within 7 business days of your approval. Your approval comes after the site visit confirms the price. If we miss our committed start date, the savings fee is waived entirely (see Section 6.5).

5.6 The construction contract controls the work

If you hire HomeCloud, a separate written construction contract governs the work. That contract covers scope, warranty, payment, schedule and change orders. These Terms do not. If these Terms and the construction contract conflict about the work, the construction contract controls.

Our contract price holds, except for documented hidden conditions found during the work. Those are handled by a written change order under the construction contract.

6. The Savings Fee

6.1 Overview

If you hire HomeCloud, you pay a fee based on what you save compared to the quote you submitted. The fee depends on where the savings come from. There are three kinds of savings.

6.2 Price savings: fee is 25%

Price savings happen when HomeCloud does the same job, at the same quality tier, for less. The fee is 25% of the price savings.

6.3 Quality savings: no fee, ever

Quality savings happen when you choose a lower quality tier than the other contractor quoted. You choose the quality you want. We price the tier you ask for. We never charge a fee on quality savings.

6.4 Right-sizing savings: fee is 10%, with our Right-Fix Guarantee

Right-sizing savings happen when we show that a smaller fix solves the same problem. An example is a partial reroof instead of a full reroof. The fee is 10% of the right-sizing savings.

We only charge this fee with our Right-Fix Guarantee. The same problem may come back in the same area within 12 months of completion. If it does, we return and fix it at no charge to you. [Or, we do the larger scope and credit back the right-sizing fee.]

You can choose the larger scope anyway. If you do, we price it as a same-scope job, and only the price savings fee applies.

6.5 When there is no fee

• No fee if you do not hire HomeCloud.
• No fee if HomeCloud's price is at or above the quote you submitted.
• No fee if HomeCloud misses its committed start date.
• No fee on quality savings.

6.6 How the fee appears and is billed

Every HomeCloud estimate shows your savings split into price savings, quality savings and right-sizing savings. It shows the fee on each line. The fee is billed with the job at completion, under the payment terms of the construction contract.

6.7 Example 1: same scope

6.8 Example 2: same scope plus right-sizing

You submit a quote of $14,800 for a full roof replacement. The evidence supports a partial reroof.

7. Customer Reports About Contractors

You may tell us about a contractor's sales tactics, or whether the final price changed from the quote. These are your own statements. We may use and publish them in combined form. When we do, we label them as customer-reported.

8. Contractor Grades and Scorecards

8.1 What we may publish

HomeCloud may publish grades and scorecards about contractors. These may name the contractor. They are based on:

• Quotes submitted to us.
• Our published grading method.

We present this information as data. Statements from homeowners are labeled as customer-reported. We never attach a homeowner's identity to a published grade or scorecard.

8.2 Minimum number of quotes

We do not publish a public grade for a contractor until we have enough quotes from that contractor for the results to be statistically significant. Published grades show totals and averages across those quotes. They never show a single homeowner's quote, address or job.

8.3 Contractor responses and corrections

Contractors may submit a response to their grade or scorecard. They may also ask us to correct information they believe is wrong. Contractors can contact us at [vendors@gradeyourquote.com].

We may correct or remove any information we find to be inaccurate.

9. Calls, Texts and Emails

By submitting a quote, you give HomeCloud your express consent to contact you by email, phone call and text message. We will contact you about your quote, your grade and any related offer. This consent includes messages sent using automated technology, to the number you provide.

• Your consent is not a condition of buying anything.
• Message frequency varies. Message and data rates may apply.
• Reply STOP to any text to opt out. Reply HELP for help.

10. Rules for Using the Site

You agree not to:

• Upload fake, altered or made-up quotes.
• Upload quotes to harm a competitor or any contractor.
• Make false statements about a contractor.
• Scrape, copy or collect data from the Site by automated means.
• Upload anything unlawful, or anything that violates someone else's rights.
• Interfere with the Site or try to access it without permission.

We may refuse service, remove content or end your access if you break these rules.

11. No Warranty

The Site and all grades are provided "as is" and "as available." To the fullest extent the law allows, HomeCloud makes no warranties of any kind. This applies to express and implied warranties. This includes warranties of accuracy, fitness for a particular purpose and merchantability. Warranties for any construction work come only from the construction contract and the Right-Fix Guarantee.

12. Limit on Our Liability

To the fullest extent the law allows:

• HomeCloud is not liable for indirect, incidental, special or consequential damages, or for lost profits, arising from the Site or a grade.
• HomeCloud's total liability arising from the Site or a grade is limited to the greater of the fees you paid HomeCloud under these Terms in the 12 months before the claim, or $100.

This section does not limit HomeCloud's obligations under a construction contract.

13. Your Responsibility to Us

You agree to cover HomeCloud's reasonable losses and costs, including legal fees, if they are caused by your breaking these Terms. The same applies if you upload content you did not have the right to share. It also applies to claims caused by false statements you make about a contractor.

14. Changes to These Terms

We may update these Terms. We will post the new version on the Site and change the "Last updated" date. Changes apply to grades requested after the update. If you keep using the Site, you accept the updated Terms.

15. Governing Law and Disputes

North Carolina law governs these Terms.

16. Other Terms

If any part of these Terms is found unenforceable, the rest still applies. If we do not enforce a term, we have not waived it. We may transfer these Terms in a merger or sale of our business. These Terms, our Privacy Policy and any construction contract you sign with us are the full agreement about their subjects.

17. Contact Us

• Company: HomeCloud ([HomeCloud legal entity name])
• Email: [hello@gradeyourquote.com]
• Contractors: [vendors@gradeyourquote.com]
• Mail: [HomeCloud mailing address]