Fluiid Scapes, LLC ("Fluiid Scapes," "Company," "we," "us," or "our") respects your privacy and is committed to protecting information collected through the Platform.

This Privacy Policy describes how information is collected, used, stored, shared, and protected.

By using the Platform, you consent to the practices described herein.

Article I — Information We Collect

1.1 Information You Provide

Information you voluntarily provide may include:

• Name
• Company name
• Email address
• Telephone number
• Mailing address
• Property address
• Billing information
• Project information
• Design information
• Pricing information
• Uploaded files
• Photos
• Communications

1.2 Automatically Collected Information

We may automatically collect:

• IP address
• Browser type
• Device information
• Operating system
• Usage data
• Session information
• Referral URLs
• Location information
• Analytics information

1.3 Cookies

The Platform may use:

• Cookies
• Session cookies
• Persistent cookies
• Analytics cookies
• Marketing cookies

Cookies help improve Platform functionality and user experience.

Article II — How Information Is Used

Fluiid Scapes may use collected information to:

• Operate the Platform
• Provide customer support
• Deliver services
• Process transactions
• Generate estimates
• Facilitate builder matching
• Deliver leads
• Improve software
• Improve algorithms
• Prevent fraud
• Detect security threats
• Conduct analytics
• Perform research
• Send communications
• Market services

Article III — Builder Lead Sharing

A core function of the Platform is connecting homeowners with builders.

When a homeowner submits information, Fluiid Scapes may share information with participating builders.

Shared information may include:

• Name
• Email
• Telephone number
• Address
• Design information
• Project information
• Budget information
• Preferences

By submitting information, homeowners authorize such sharing.

Article IV — Communications

Users consent to receive communications from Fluiid Scapes including:

• Service notices
• Account notices
• Billing notices
• Product updates
• Marketing communications
• Builder communications

Users may opt out of certain marketing communications.

Operational communications may still be required.

Article V — Third-Party Service Providers

Fluiid Scapes may use third-party providers including:

• Payment processors
• Cloud hosting providers
• Analytics providers
• CRM providers
• Email providers
• Security providers
• Customer support providers

These providers may process information on our behalf.

Article VI — Data Retention

Information may be retained:

• As long as accounts remain active
• As required by law
• For dispute resolution
• For fraud prevention
• For business operations
• For analytics purposes

Fluiid Scapes may retain archived backups after account termination.

Article VII — Data Security

Fluiid Scapes utilizes commercially reasonable security measures.

However, no method of transmission or storage is completely secure.

Accordingly, Fluiid Scapes cannot guarantee:

• Absolute security
• Continuous availability
• Protection from cyberattacks
• Protection from unauthorized access
• Protection from data loss

Users acknowledge these risks.

Article VIII — Aggregated And Anonymized Data

Fluiid Scapes may create and use aggregated or anonymized data derived from Platform activity.

Such information may be used for:

• Analytics
• Benchmarking
• Product development
• Research
• Marketing

Aggregated information will not intentionally identify individual users.

Article IX — Children'S Privacy

The Platform is not intended for individuals under thirteen (13) years of age.

Fluiid Scapes does not knowingly collect personal information from children under 13.

Article X — User Rights

Subject to applicable law, users may request:

• Access to information
• Correction of information
• Deletion of information
• Restriction of processing

Requests may be submitted through Company contact channels.

Fluiid Scapes reserves the right to verify identity before responding.

Article XI — Business Transfers

If Fluiid Scapes is involved in:

• Merger
• Acquisition
• Financing
• Sale of assets
• Reorganization

information may be transferred as part of the transaction.

Article XII — Changes To Policy

Fluiid Scapes may update this Privacy Policy at any time.

Updated versions become effective upon posting.

Continued use constitutes acceptance of revised policies.

Article XIII — Contact Information

Fluiid Scapes, LLC

Email: info@fluiidscapes.com

Website: www.fluiidscapes.com

Effective Date: __________________

PLEASE READ THESE TERMS CAREFULLY.

These Homeowner Terms of Use ("Terms") govern access to and use of the Fluiid Scapes platform by homeowners, prospective homeowners, property owners, consumers, and other non-builder users ("User," "you," or "your").

By accessing, viewing, using, creating a design, obtaining pricing information, submitting information, requesting contact from a builder, or otherwise interacting with the Platform, you agree to be bound by these Terms.

Article I — Nature Of The Platform

Fluiid Scapes is a software platform designed to assist users in visualizing swimming pool concepts and obtaining preliminary pricing estimates.

The Platform is intended solely for:

• Conceptual planning
• Visualization
• Preliminary budgeting
• Builder matching
• Lead generation

The Platform is not intended for:

• Construction
• Engineering
• Permitting
• Structural design
• Site analysis
• Safety review
• Final project pricing

Article II — Not Engineering Or Construction Services

Fluiid Scapes is not:

• A pool builder
• A contractor
• An architect
• An engineer
• A surveyor
• A construction manager
• A permitting consultant

Fluiid Scapes does not perform:

• Structural calculations
• Engineering analysis
• Soil evaluations
• Drainage evaluations
• Utility location services
• Site inspections
• Safety inspections

Any project ultimately constructed must be independently reviewed by qualified professionals selected by the builder and homeowner.

Article III — Design Disclaimer

All designs generated by the Platform are conceptual only.

Designs may contain:

• Errors
• Omissions
• Incorrect dimensions
• Incomplete specifications
• Non-buildable configurations

Platform-generated designs are not:

• Construction drawings
• Permit drawings
• Engineering drawings
• Structural plans
• Safety plans

No Platform-generated design should be relied upon for construction purposes.

Builders, engineers, architects, and other professionals must independently review and verify all design information.

Article IV — Pricing Disclaimer

Any pricing displayed by the Platform is an estimate only.

Pricing may be affected by:

• Site conditions
• Soil conditions
• Access limitations
• Material costs
• Labor costs
• Equipment costs
• Permit requirements
• Code requirements
• Market conditions

Fluiid Scapes makes no representation that any displayed price reflects the final project cost.

Actual project costs may be significantly higher or lower than any estimate generated by the Platform.

Only the selected builder can determine final project pricing.

Article V — Builder Relationship Disclaimer

Fluiid Scapes does not employ builders.

Fluiid Scapes does not supervise builders.

Fluiid Scapes does not manage construction projects.

Fluiid Scapes does not verify:

• Licensing
• Insurance
• Qualifications
• Experience
• Reputation
• Financial condition
• Safety history
• Workmanship

Any decision to hire a builder is solely the homeowner's responsibility.

Article VI — No Builder Endorsement

Fluiid Scapes does not recommend, endorse, certify, approve, investigate, supervise, monitor, or guarantee any builder.

The appearance of a builder on the Platform does not constitute an endorsement.

Users are solely responsible for conducting their own due diligence.

Article VII — Lead Submission

When you submit information through the Platform, you authorize Fluiid Scapes to share information with participating builders.

Information may include:

• Name
• Address
• Email address
• Telephone number
• Design information
• Project information
• Budget information

You understand that builders may contact you regarding your project.

Article VIII — No Guarantee Of Results

Fluiid Scapes does not guarantee:

• Lead responses
• Builder availability
• Project timing
• Project costs
• Construction quality
• Customer satisfaction

The Platform merely facilitates introductions and information sharing.

Article IX — Assumption Of Risk

You acknowledge and agree that:

• Construction projects involve risks.
• Pricing estimates may be inaccurate.
• Designs may require substantial modification.
• Builders may propose changes.
• Site conditions may affect project cost and feasibility.

You voluntarily assume all risks associated with using information generated by the Platform.

Article X — Release Of Claims

To the fullest extent permitted by law, you release and discharge Fluiid Scapes and its officers, managers, members, employees, contractors, affiliates, successors, and assigns from any claims arising from:

• Design inaccuracies
• Pricing inaccuracies
• Construction defects
• Delays
• Cost overruns
• Builder conduct
• Builder negligence
• Property damage
• Personal injury
• Economic loss

This release applies whether claims arise in contract, tort, negligence, strict liability, or otherwise.

Article XI — Disclaimer Of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE."

FLUIID SCAPES DISCLAIMS ALL WARRANTIES INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY
• RELIABILITY
• AVAILABILITY

Fluiid Scapes does not warrant that:

• Designs are accurate.
• Prices are accurate.
• Builders are qualified.
• Projects will be completed.
• Results will meet expectations.

Article XII — Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUIID SCAPES SHALL NOT BE LIABLE FOR:

• Construction defects
• Design defects
• Engineering failures
• Pricing errors
• Cost overruns
• Property damage
• Personal injury
• Wrongful death
• Lost profits
• Lost opportunity
• Emotional distress
• Consequential damages

IN NO EVENT SHALL FLUIID SCAPES' LIABILITY EXCEED $100.

Article XIII — User Content

Users retain ownership of information submitted through the Platform.

Users grant Fluiid Scapes a worldwide, royalty-free license to use submitted information to:

• Operate the Platform
• Match users with builders
• Improve services
• Conduct analytics

Article XIV — Prohibited Uses

Users may not:

• Reverse engineer the Platform
• Attempt unauthorized access
• Submit fraudulent information
• Interfere with Platform operations
• Use automated scraping tools

Article XV — Arbitration

Any dispute arising from or relating to the Platform shall be resolved exclusively through binding arbitration in Tarrant County, Texas.

Arbitration shall be administered by the American Arbitration Association.

Article XVI — Class Action Waiver

Users agree to bring claims only in an individual capacity.

Users waive any right to:

• Participate in a class action
• Participate in a collective action
• Participate in a representative action

No class arbitration shall be permitted.

Article XVII — Governing Law

These Terms shall be governed by the laws of the State of Texas.

Article XVIII — Changes To Terms

Fluiid Scapes may modify these Terms at any time.

Continued use of the Platform constitutes acceptance of revised Terms.

Article XIX — Electronic Acceptance

By creating a design, requesting pricing, submitting information, creating an account, clicking an acceptance button, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to these Terms.

Electronic acceptance shall have the same legal effect as a handwritten signature.

Article XX — Important Acknowledgment

BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT:

• DESIGNS ARE CONCEPTUAL ONLY.
• PRICING IS ESTIMATED ONLY.
• FLUIID SCAPES IS NOT A CONTRACTOR.
• FLUIID SCAPES DOES NOT RECOMMEND BUILDERS.
• BUILDERS DETERMINE FINAL DESIGN.
• BUILDERS DETERMINE FINAL PRICING.
• ALL PROJECT INFORMATION MUST BE INDEPENDENTLY VERIFIED PRIOR TO CONSTRUCTION.
• YOU ASSUME ALL RISKS ASSOCIATED WITH USE OF THE PLATFORM.

Effective Date: ___________________

This Builder Subscription Agreement ("Agreement") is entered into by and between Fluiid Scapes, LLC, a Texas limited liability company ("Fluiid Scapes," "Company," "we," "us," or "our"), and the subscribing builder, contractor, company, or entity accepting this Agreement ("Customer" or "Builder").

By executing this Agreement, creating an account, clicking "Accept," "Agree," "Subscribe," or a similar acceptance mechanism, or by accessing or using the Platform, Customer agrees to be bound by this Agreement.

Article I — Definitions

For purposes of this Agreement:

"Account" means Customer's subscription account and related access credentials.

"Builder" means the subscribing pool contractor, construction company, or related entity utilizing the Platform.

"Customer Data" means all information submitted, uploaded, entered, transmitted, or stored by Customer through the Platform.

"Homeowner" means any consumer, property owner, prospective customer, lead, or other individual interacting with the Platform.

"Lead" means any inquiry, contact request, project submission, design request, or communication generated through the Platform.

"Platform" means the Fluiid Scapes software platform, website, APIs, applications, databases, tools, algorithms, and related services.

"Output" means any design, rendering, estimate, quantity takeoff, specification, measurement, recommendation, pricing calculation, visualization, report, document, or other information generated through the Platform.

"Subscription Fees" means all recurring fees, charges, taxes, and amounts payable under this Agreement.

Article II — Services

2.1 Platform Services

Fluiid Scapes provides a web-based software platform designed to assist builders and homeowners with:

• Conceptual pool design
• Preliminary project visualization
• Pricing estimation
• Customer engagement
• Lead generation
• Marketing activities
• Proposal development

2.2 Software Only

Customer expressly acknowledges that Fluiid Scapes is solely a software provider.

Fluiid Scapes does not provide:

• Engineering services
• Architectural services
• Surveying services
• Construction management services
• Permitting services
• Professional estimating services
• Legal services
• Safety consulting services

2.3 No Professional Services

Customer acknowledges that no professional services are provided through the Platform.

Nothing contained within the Platform shall constitute:

• Engineering advice
• Architectural advice
• Structural design
• Safety recommendations
• Code compliance determinations
• Permit determinations
• Site suitability determinations

Customer assumes sole responsibility for obtaining any professional review necessary for a project.

Article III — Subscription Fees

3.1 Subscription Pricing

Initial beta subscription pricing shall be $250 per month unless otherwise agreed in writing.

3.2 Recurring Billing

Customer authorizes recurring monthly billing using the payment method designated by Customer.

3.3 Price Changes

Fluiid Scapes may modify Subscription Fees at any time.

Notice may be provided through:

• Email
• Platform notification
• Billing notice
• Website posting

Continued use following notice constitutes acceptance of revised pricing.

3.4 Taxes

Customer shall be responsible for all applicable taxes except taxes based upon Fluiid Scapes' net income.

Article IV — Term And Termination

4.1 Term

This Agreement begins upon acceptance and continues until terminated.

4.2 Customer Cancellation

Customer may cancel at any time.

Cancellation prevents future recurring charges but does not entitle Customer to refunds for previously paid fees.

4.3 Company Termination Rights

Fluiid Scapes may suspend or terminate access immediately for:

• Nonpayment
• Fraud
• Abuse of the Platform
• Violation of this Agreement
• Security concerns
• Legal compliance concerns
• Business reasons

4.4 Effect of Termination

Upon termination:

• Access rights immediately cease.
• Licenses granted herein terminate.
• Certain data may be retained for legal, security, compliance, and operational purposes.

Article V — Customer Responsibilities

Customer acknowledges and agrees that Customer is solely responsible for:

• Final pricing
• Construction drawings
• Engineering review
• Structural review
• Soil review
• Site conditions
• Utility locations
• Permits
• Code compliance
• Safety compliance
• Material quantities
• Labor estimates
• Contracts
• Warranties
• Construction methods
• Project management
• Homeowner communications

Fluiid Scapes assumes no responsibility for any of the foregoing.

Article VI — Independent Verification

Customer shall independently verify all Outputs generated by the Platform.

Verification obligations include, without limitation:

• Dimensions
• Measurements
• Volumes
• Quantities
• Specifications
• Equipment selections
• Material calculations
• Labor calculations
• Pricing calculations
• Tax calculations
• Markups
• Engineering requirements
• Structural requirements
• Permit requirements

Customer shall not rely upon Platform Outputs without independent verification.

Article VII — Beta Software Acknowledgment

Customer acknowledges that all or portions of the Platform may be designated as beta software.

Customer understands that beta software may:

• Contain defects
• Produce inaccurate results
• Experience outages
• Experience interruptions
• Change functionality
• Be modified without notice

Customer voluntarily assumes all risks associated with beta participation.

Article VIII — No Recommendation Or Endorsement

Fluiid Scapes does not recommend, endorse, certify, investigate, supervise, monitor, guarantee, or verify:

• Builders
• Contractors
• Designers
• Engineers
• Homeowners
• Subcontractors
• Vendors

Customer shall not represent that Fluiid Scapes has endorsed or approved Customer's services.

Article IX — Homeowner Relationship Disclaimer

Fluiid Scapes is not a party to any contract between Customer and a Homeowner.

Customer bears sole responsibility for:

• Proposals
• Quotes
• Contracts
• Change orders
• Construction
• Warranties
• Disputes
• Collections

Fluiid Scapes shall have no liability arising from any Customer-Homeowner relationship.

Article X — Insurance Requirements

Customer shall maintain throughout its use of the Platform:

Commercial General Liability Insurance with minimum limits of $1,000,000 per occurrence.

Any workers compensation insurance required by law.

Any automobile liability insurance required by law.

Any additional insurance customary for Customer's business operations.

Customer's insurance obligations survive termination to the extent claims arise from activities conducted during the term of this Agreement.

Article XI — Intellectual Property

Fluiid Scapes retains all right, title, and interest in:

• Software
• Source code
• Algorithms
• Workflows
• Databases
• Trademarks
• Trade secrets
• User interfaces
• Documentation

Customer receives a limited, revocable, non-exclusive, non-transferable license to use the Platform solely during an active subscription.

Customer shall not:

• Reverse engineer
• Decompile
• Copy
• Scrape
• Replicate
• Benchmark
• Create competing products
• Circumvent security controls

without written authorization from Fluiid Scapes.

Article XII — Data Rights

Customer retains ownership of Customer Data.

Customer grants Fluiid Scapes a worldwide, royalty-free license to:

• Host
• Process
• Analyze
• Store
• Display
• Transmit

Customer Data as necessary to provide services.

Fluiid Scapes may utilize anonymized and aggregated data for:

• Analytics
• Product development
• Marketing
• Benchmarking
• Research

provided such data does not identify Customer.

Article XIII — Disclaimer Of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUIID SCAPES DISCLAIMS ALL WARRANTIES INCLUDING:

MERCHANTABILITY.

FITNESS FOR A PARTICULAR PURPOSE.

NON-INFRINGEMENT.

ACCURACY.

RELIABILITY.

AVAILABILITY.

SECURITY.

ERROR-FREE OPERATION.

FLUIID SCAPES DOES NOT WARRANT THAT ANY OUTPUT IS CORRECT, COMPLETE, BUILDABLE, CODE COMPLIANT, SAFE, OR SUITABLE FOR ANY PURPOSE.

Article XIV — Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUIID SCAPES SHALL NOT BE LIABLE FOR:

CONSTRUCTION DEFECTS.

ENGINEERING FAILURES.

DESIGN FAILURES.

PRICING ERRORS.

COST OVERRUNS.

PROPERTY DAMAGE.

PERSONAL INJURY.

WRONGFUL DEATH.

LOST PROFITS.

LOST REVENUE.

BUSINESS INTERRUPTION.

LOSS OF DATA.

LOSS OF GOODWILL.

INDIRECT DAMAGES.

SPECIAL DAMAGES.

CONSEQUENTIAL DAMAGES.

PUNITIVE DAMAGES.

IN NO EVENT SHALL FLUIID SCAPES' TOTAL LIABILITY EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY CUSTOMER DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Article XV — Indemnification

Customer shall defend, indemnify, and hold harmless Fluiid Scapes and its owners, managers, members, officers, employees, affiliates, successors, and assigns from and against all claims, demands, actions, losses, liabilities, damages, judgments, settlements, penalties, costs, expenses, and attorney fees arising from:

Customer's use of the Platform.

Customer's pricing.

Customer's estimates.

Customer's proposals.

Customer's contracts.

Customer's construction activities.

Customer's subcontractors.

Customer's employees.

Homeowner claims.

Consumer complaints.

Regulatory investigations.

Violations of law.

Violations of this Agreement.

This indemnification obligation shall survive termination of this Agreement.

Article XVI — Arbitration And Dispute Resolution

16.1 Binding Arbitration

Any dispute, claim, controversy, or cause of action arising out of or relating to this Agreement, the Platform, Customer's use of the Platform, or the relationship between the parties shall be resolved exclusively through final and binding arbitration.

16.2 Venue

Arbitration shall occur exclusively in Tarrant County, Texas.

16.3 Governing Rules

The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect.

16.4 Arbitrator Authority

The arbitrator shall have exclusive authority to determine:

• Arbitrability
• Interpretation of this Agreement
• Enforceability of this Agreement
• Scope of this Agreement

16.5 Exclusive Remedy

Arbitration shall be the sole and exclusive method of resolving disputes except for claims involving intellectual property, confidential information, or requests for injunctive relief.

Article XVII — Class Action Waiver

Customer agrees that any claim shall be brought solely in Customer's individual capacity.

Customer waives any right to:

• Participate in a class action
• Participate in a collective action
• Participate in a representative action
• Act as a private attorney general

No arbitrator shall have authority to consolidate claims or conduct class proceedings.

Article XVIII — Confidentiality

18.1 Confidential Information

Confidential Information includes:

• Software architecture
• Algorithms
• Source code
• Pricing methodologies
• Product roadmaps
• Business plans
• Technical information
• Customer information
• Non-public business information

18.2 Protection Obligations

Customer shall:

• Maintain confidentiality
• Use Confidential Information solely for authorized purposes
• Prevent unauthorized disclosure
• Protect Confidential Information using reasonable care

18.3 Exceptions

Confidential Information does not include information that:

• Becomes publicly available without breach
• Was lawfully known before disclosure
• Is independently developed
• Is lawfully obtained from a third party

18.4 Injunctive Relief

Unauthorized disclosure may cause irreparable harm.

Fluiid Scapes shall be entitled to immediate injunctive relief without posting bond.

Article XIX — Cybersecurity And Data Security

19.1 Security Measures

Fluiid Scapes utilizes commercially reasonable security measures.

19.2 No Security Guarantee

Customer acknowledges that no system can be completely secure.

Fluiid Scapes does not guarantee protection from:

• Hacking
• Malware
• Cyberattacks
• Unauthorized access
• Data loss
• Service interruption

19.3 Customer Responsibilities

Customer shall:

• Protect login credentials
• Use strong passwords
• Restrict account access
• Immediately report unauthorized access

Customer is responsible for activities occurring under Customer's account.

Article XX — Software Output Disclaimer

Customer acknowledges that all Outputs are generated through automated processes.

Outputs may contain:

• Errors
• Omissions
• Assumptions
• Inaccuracies
• Incomplete information

Outputs are not:

• Engineering documents
• Construction documents
• Permit documents
• Structural plans
• Safety certifications

Customer assumes all risk associated with reliance upon Outputs.

Article XXI — Construction Disclaimer

Fluiid Scapes does not determine whether any design is:

• Buildable
• Structurally sound
• Economically feasible
• Safe
• Code compliant
• Permit compliant
• Suitable for a particular site

Customer remains solely responsible for determining whether any project should proceed.

Article XXII — Pricing Disclaimer

Fluiid Scapes does not guarantee the accuracy of:

• Estimates
• Budgets
• Quotes
• Material calculations
• Labor calculations
• Equipment costs
• Subcontractor costs
• Taxes
• Markups
• Profit calculations

Customer is solely responsible for determining final pricing.

Customer shall independently verify all pricing before presenting pricing to any homeowner or third party.

Article XXIII — Force Majeure

Fluiid Scapes shall not be liable for delays or failures resulting from causes beyond its reasonable control, including:

• Acts of God
• Natural disasters
• Internet outages
• Utility failures
• Government actions
• Labor disputes
• Pandemics
• Cyberattacks
• Third-party vendor failures

Performance shall be suspended for the duration of the force majeure event.

Article XXIV — Assignment

Customer may not assign, transfer, delegate, sell, sublicense, or otherwise transfer any rights under this Agreement without prior written consent.

Fluiid Scapes may assign this Agreement without Customer consent in connection with:

• Merger
• Acquisition
• Sale of assets
• Reorganization
• Financing transaction

Article XXV — Notices

Notices may be provided by:

• Email
• Platform notification
• Website posting
• Mail

Notice shall be deemed effective upon transmission.

Customer shall maintain accurate contact information at all times.

Article XXVI — Survival

The following provisions shall survive termination:

• Indemnification
• Confidentiality
• Intellectual Property
• Limitation of Liability
• Arbitration
• Class Action Waiver
• Governing Law
• Payment Obligations
• Risk Allocation

and any provisions that by their nature should survive termination.

Article XXVII — Electronic Acceptance

Customer agrees that any of the following constitutes legally binding acceptance of this Agreement:

• Clicking "Accept"
• Clicking "Agree"
• Clicking "Subscribe"
• Checking a consent box
• Creating an account
• Accessing the Platform
• Using the Platform

Electronic acceptance shall have the same force and effect as a handwritten signature.

Customer agrees that electronic records maintained by Fluiid Scapes may be used as evidence of acceptance.

Article XXVIII — Entire Agreement And Risk Allocation

This Agreement constitutes the entire agreement between the parties regarding the Platform.

No oral statements or prior discussions shall modify this Agreement.

Customer acknowledges that:

• The Platform is software only.
• Fluiid Scapes is not a contractor.
• Fluiid Scapes is not an engineer.
• Fluiid Scapes is not an architect.
• Fluiid Scapes is not responsible for construction outcomes.
• Fluiid Scapes is not responsible for homeowner disputes.

The parties expressly agree that:

• The liability limitations,
• Indemnification obligations,
• Warranty disclaimers,
• Arbitration provisions,
• Class action waiver provisions, and
• Risk allocation provisions

are material terms of this Agreement and form an essential basis of the bargain between the parties.

Absent these provisions, the Platform would not be offered under the pricing structure provided herein.

This Builder Lead Transfer and Participation Agreement ("Lead Agreement") governs participation in the Fluiid Scapes lead network.

Article I — Purpose

Fluiid Scapes provides a software platform that may facilitate introductions between homeowners and builders.

Builders may receive Leads generated through the Platform.

Article II — No Endorsement

Fluiid Scapes does not:

• Recommend builders
• Endorse builders
• Certify builders
• Verify builders
• Investigate builders
• Supervise builders

Participation on the Platform does not constitute approval or endorsement.

Builders may not represent otherwise.

Article III — Leads

Leads may include:

• Homeowner contact information
• Project information
• Budget information
• Design information
• Property information

Lead quality is not guaranteed.

Lead accuracy is not guaranteed.

Lead conversion is not guaranteed.

Builders acknowledge that some Leads may:

• Not respond
• Select another contractor
• Not proceed with construction

Article IV — Builder Responsibilities

Builders remain solely responsible for:

• Licensing
• Insurance
• Permits
• Engineering review
• Structural review
• Pricing verification
• Construction
• Safety
• Warranty obligations
• Legal compliance

Builders must independently verify all information before relying upon it.

Article V — Compliance With Law

Builders shall comply with all applicable laws including:

• Consumer protection laws
• Advertising laws
• Privacy laws
• Telephone solicitation laws
• Email marketing laws
• Licensing laws

Builders are solely responsible for legal compliance.

Article VI — Homeowner Communications

Builders are solely responsible for all communications with homeowners.

Fluiid Scapes is not responsible for:

• Statements made by builders
• Pricing offered by builders
• Contracts entered into by builders
• Construction performed by builders

Article VII — Homeowner Disputes

Builders assume full responsibility for disputes involving:

• Pricing
• Contracts
• Construction
• Delays
• Warranties
• Defects
• Safety issues
• Code compliance

Fluiid Scapes shall have no responsibility for such disputes.

Article VIII — Insurance

Builders shall maintain:

Commercial General Liability Insurance with limits of not less than $1,000,000 per occurrence.

Any workers compensation insurance required by law.

Any additional insurance customary to the builder's business.

Article IX — Indemnification

Builder shall defend, indemnify, and hold harmless Fluiid Scapes and its owners, members, managers, employees, affiliates, successors, and assigns from and against any claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, expenses, and attorney fees arising from:

• Builder conduct
• Builder pricing
• Builder estimates
• Builder proposals
• Builder contracts
• Builder construction activities
• Homeowner disputes
• Regulatory investigations
• Violations of law

This obligation survives termination.

Article X — Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUIID SCAPES SHALL NOT BE LIABLE FOR:

• Lost profits
• Lost revenue
• Lost opportunities
• Consequential damages
• Special damages
• Property damage
• Personal injury
• Wrongful death
• Construction defects
• Warranty claims

Maximum liability shall not exceed the total fees paid by Builder during the preceding twelve months.

Article XI — Arbitration

All disputes shall be resolved exclusively through binding arbitration in Tarrant County, Texas.

Arbitration shall be administered by the American Arbitration Association.

Article XII — Class Action Waiver

Builder agrees to pursue claims solely in an individual capacity.

No class actions, collective actions, or representative actions shall be permitted.

Article XIII — Survival

The following provisions survive termination:

• Indemnification
• Arbitration
• Class Action Waiver
• Limitation of Liability
• Confidentiality
• Insurance Obligations

Article XIV — Entire Agreement

This Agreement constitutes the entire agreement regarding participation in the Fluiid Scapes lead network.

Any conflicting terms are superseded by this Agreement.