Building Better
Homes

1. Preamble and Governing Principles. Fix And Upgrade Home ("Fix And Upgrade Home," "the Company," "we," "us," or "our") is deeply committed to safeguarding the privacy and personal data of every individual who interacts with our brand, website, mobile applications, or services across the United States. This Privacy Policy establishes the foundational principles governing our data practices: transparency, purpose limitation, data minimization, security by design, and individual empowerment. We believe that trust is the cornerstone of every client relationship, and responsible data stewardship is essential to maintaining that trust. This policy applies universally to all personal information processed in connection with our home improvement, design, warranty, and consultation services.

2. Categories of Personal Information Collected. We collect personal information across several categories. Directly Provided Information includes: your full legal name, all mailing and property addresses, email addresses, mobile and landline telephone numbers, date of birth, Social Security Number (exclusively for credit applications with explicit consent), property photographs, architectural plans, floor plans, project specifications, design preferences, and budget information. Financial Information includes: credit card numbers, debit card information, bank account details for ACH transactions, credit authorization forms, and billing history — all processed through PCI-DSS Level 1 certified payment gateways. Communication Data includes: recordings of telephone calls (with disclosure), email correspondence, chat transcripts, and notes from in-person consultations. Automatically Collected Technical Data includes: IP addresses, device identifiers, browser fingerprints, geolocation data, browsing patterns, page interaction metrics, and cookie-based preference data.

3. Methods and Technologies of Data Collection. We employ several methods to gather information. Interactive Forms on our website collect data you explicitly provide when requesting quotes, scheduling consultations, subscribing to communications, or submitting service requests. Cookie Technologies — we use strictly necessary cookies for website functionality, performance cookies for analytics (Google Analytics 4 with IP anonymization), and targeting cookies for personalized advertising (only with your consent via our Cookie Preference Center). Pixel Tags and Web Beacons embedded in emails track open rates, click-through rates, and device types to optimize our communication effectiveness. Server Log Analysis automatically records access timestamps, requested URLs, response codes, and referring domains. Third-Party Integrations with our CRM (Salesforce), project management (Monday.com), and customer support (Zendesk) platforms process data on our behalf under strict data processing agreements.

4. Lawful Purposes for Data Processing. We process personal information exclusively for the following legitimate purposes: (a) delivering, managing, and fulfilling contracted home services with excellence; (b) generating accurate, detailed project proposals and binding contracts; (c) processing financial transactions and maintaining audit-compliant records; (d) providing responsive, informed customer support and warranty claim management; (e) sending transactional communications essential to service delivery (confirmations, dispatch notifications, progress updates, invoices, warranty documents); (f) sending promotional communications (newsletters, seasonal guides, offers, event invitations) exclusively to subscribers who have provided affirmative consent; (g) analyzing service quality, operational efficiency, and customer satisfaction through aggregated and anonymized data; (h) detecting, preventing, and investigating fraud, unauthorized access, safety hazards, and legal violations; (i) complying with legal obligations including building codes, tax regulations, licensing requirements, and lawful government requests; (j) conducting strategic business analysis, market research, and service development.

5. Third-Party Data Sharing Framework. Fix And Upgrade Home does not sell, rent, lease, or trade your personal information to any third party for commercial marketing purposes. We share data exclusively within the following controlled framework: Service Providers — entities that process data on our behalf under written contracts mandating confidentiality, security standards equivalent to our own, and restrictions on secondary use (including Stripe for payments, SendGrid for email, AWS for hosting, Salesforce for CRM, and Houzz for portfolio); Project Subcontractors — licensed trade professionals engaged to perform specific work on your property, who receive only the minimum information necessary (property address, project scope, access instructions) and are bound by confidentiality agreements; Professional Advisors — attorneys, accountants, auditors, and insurance carriers who require data for legitimate professional purposes under duty of confidentiality; Government Authorities — when required by law, regulation, court order, subpoena, or lawful government investigation, and only the minimum data necessary; Business Partners — only with your explicit, informed, and revocable consent for co-marketed services where you have opted in; Successor Entities — in the event of a merger, acquisition, or asset sale, your data may be transferred to the successor entity with continued protection under this policy.

6. Email Communication Architecture and Consent. Our email communications are structured in two distinct categories. Transactional Emails are essential, non-subscription communications that you receive by virtue of engaging our services: project initiation confirmations, appointment scheduling and reminders, technician dispatch notifications with real-time tracking, daily/weekly progress reports with photo documentation, material delivery notifications, permit status updates, inspection results, invoices and payment receipts, warranty registration certificates, and account security alerts including password resets. These cannot be unsubscribed as they are necessary for service performance and legal compliance. Promotional Emails are marketing communications sent only to subscribers who have provided affirmative opt-in consent by checking the agreement box on our subscription form: the monthly "Fix And Upgrade Home Letter" newsletter, seasonal home maintenance guides, limited-time service promotions, new service launch announcements, client story features, design trend reports, and exclusive event invitations. You may unsubscribe from promotional emails at any time via the one-click unsubscribe link in every email, through our website unsubscribe form, or by contacting us directly. Unsubscribe requests are processed within 10 business days.

7. Enterprise Security Architecture. We maintain a defense-in-depth security program designed to protect your personal information against unauthorized access, alteration, disclosure, or destruction. Encryption — AES-256 encryption for all data at rest; TLS 1.3 for all data in transit; end-to-end encryption for email communications containing sensitive data. Network Security — enterprise-grade next-generation firewall (Palo Alto Networks), cloud DDoS protection (Cloudflare), intrusion detection/prevention systems (IDS/IPS), and network segmentation isolating production environments. Application Security — OWASP Top 10 mitigation, regular penetration testing by independent security firms (quarterly), static and dynamic application security testing (SAST/DAST) in CI/CD pipelines, and web application firewall (WAF) rules. Access Controls — multi-factor authentication for all systems, role-based access control with least-privilege principle, privileged access management (PAM) for administrative accounts, and automated access deprovisioning upon employment termination. Physical Security — SOC 2 Type II certified data centers with biometric access controls, 24/7 security personnel, CCTV surveillance, and environmental controls. Monitoring and Response — 24/7 Security Operations Center (SOC) monitoring, SIEM log aggregation, automated threat detection, and documented incident response playbooks with defined escalation procedures.

8. Data Retention and Disposal Methodology. We retain personal information according to a documented retention schedule aligned with legal requirements, operational needs, and purpose limitations. Active Client Records — maintained for the duration of the business relationship plus 7 years post-last-interaction. Completed Project Files (contracts, permits, drawings, photos, warranties, inspection reports) — retained for 15 years from project completion date to cover extended warranty periods and statute of limitations. Financial Records — retained for 7 years per IRS requirements. Marketing Consent Records — retained for 6 years as evidence of GDPR/CCPA-compliant consent. Website Analytics — raw data retained for 26 months then anonymized; aggregated data retained indefinitely. Security Logs — retained for 1 year. Employment Records — retained for 7 years post-termination. Data Disposal — when retention periods expire, data is securely destroyed using NIST SP 800-88 compliant methods: cryptographic erasure for digital data, cross-cut shredding for physical documents, and certificate of destruction is generated and retained.

9. Comprehensive State Privacy Rights Framework. We recognize and fully support the evolving landscape of state consumer privacy laws across the United States. Under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), California residents have the right to: know what personal information is collected, used, disclosed, and shared; delete their personal information (subject to enumerated exceptions); correct inaccurate personal information; opt out of the sale or sharing of personal information; limit the use and disclosure of sensitive personal information; and non-discrimination for exercising any right. Under the Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), Connecticut Data Privacy Act (CTDPA), Utah Consumer Privacy Act (UCPA), Texas Data Privacy and Security Act (TDPSA), Oregon Consumer Privacy Act (OCPA), Montana Consumer Data Privacy Act (MCDPA), Delaware Personal Data Privacy Act (DPDPA), and Indiana Personal Data Protection Act (IPDPA), residents of those states have analogous rights to access, correct, delete, and opt out of processing of personal information for targeted advertising, sale, or profiling. To exercise any right, submit a verified request via privacy@fixandupgradehome.com or +1 203-349-2755. We respond within 45 days (extendable by 45 days for complex requests) with required disclosures. We do not charge for requests unless manifestly unfounded or excessive.

10. Protections for Minors. Our services, website, and digital platforms are exclusively directed at adults aged 18 and older who own or have legal authority over residential properties. We do not knowingly collect, solicit, or process personal information from individuals under 18 years of age. Our website and registration forms do not include fields or design elements intended to attract minors. In the event that we inadvertently receive personal information from a minor — for example, if a minor uses a parent's device to submit a form — we will promptly delete such information upon discovery without retaining any copies. If you are a parent or guardian and become aware that a minor has provided personal information to us, please contact privacy@fixandupgradehome.com immediately and we will take expeditious corrective action.

11. External Link and Integration Disclaimer. Our website, emails, and digital communications may contain hyperlinks to external websites operated by third parties, including but not limited to: material suppliers (e.g., Caesarstone, Sub-Zero, Lutron), design platforms (Houzz, Pinterest, Instagram), financial partners (Wells Fargo, GreenSky), review platforms (Google, Angi, BBB), mapping services (Google Maps), and virtual tour providers. We also embed third-party content such as social media feeds, video players (YouTube, Vimeo), and chat widgets. These external resources operate under their own independent privacy policies, over which Fix And Upgrade Home has no control. We include these links and integrations solely for your convenience and information. The inclusion of any external link does not constitute an endorsement of the linked website, its operators, its content, or its privacy practices. We strongly recommend reviewing the privacy policy of any third-party website before providing personal information or engaging with its features.

12. International Data Transfer Safeguards. While our primary data processing infrastructure is hosted within the continental United States (AWS us-east-1 region), certain third-party service providers in our technology stack may operate data centers or processing facilities located outside the United States — for example, in the European Union, United Kingdom, Canada, or other jurisdictions. When personal information is transferred to such international locations, we ensure appropriate protective measures are in place, including: Standard Contractual Clauses (SCCs) adopted by the European Commission and recognized by the US Department of Commerce; binding corporate rules where applicable; certification under data privacy frameworks (such as the EU-US Data Privacy Framework, if applicable); contractual requirements for data protection standards equivalent to US federal and state law; and regular audits of international data processor compliance. We do not transfer personal information to countries identified as having inadequate data protection regimes without implementing robust supplementary safeguards approved by our legal team.

13. Global Privacy Control and Do Not Track Recognition. Fix And Upgrade Home acknowledges and respects the Global Privacy Control (GPC) signal — a browser-level opt-out mechanism that communicates a user's preference to opt out of personal data sale and sharing — as well as the older Do Not Track (DNT) HTTP header. When our systems detect a GPC or DNT signal from your browser, we automatically: opt your browser session out of cross-site tracking for advertising purposes; disable the sharing of personal information with advertising partners and data brokers; and exclude your browsing data from targeted advertising decision-making. However, essential first-party analytics necessary for website functionality (e.g., page load performance, error detection, security monitoring) may still be collected in a non-personally-identifiable, anonymized manner. As there is no universally adopted industry standard for GPC/DNT implementation, our approach may be refined as technical standards evolve.

14. Security Incident Response and Breach Notification Protocol. In the event of a confirmed security incident that results in the unauthorized acquisition, access, use, disclosure, modification, or destruction of personal information, Fix And Upgrade will execute its documented Incident Response Plan (IRP) comprising four phases: (1) Containment — immediate technical measures to isolate and stop the breach, preserve forensic evidence, and assess scope; (2) Assessment — determine what data was affected, how many individuals are impacted, the nature and sensitivity of the compromised data, and the risk of harm; (3) Notification — without unreasonable delay and in compliance with all applicable state breach notification laws (which typically require notification within 30-60 days), we will notify affected individuals via email (or first-class mail if email is unavailable) containing: a clear description of the incident, categories of information involved, steps we have taken to investigate and mitigate, steps the individual can take to protect themselves (including credit monitoring if applicable), and contact information for our dedicated response team. We will also notify applicable state attorneys general, the FTC (if required), and any other regulators as mandated by law; (4) Remediation — implement long-term corrective measures, update security controls, conduct post-incident review, and document lessons learned.

15. Policy Governance, Updates, and Contact. This Privacy Policy is reviewed and updated at least annually by our Legal and Compliance team, with more frequent reviews triggered by changes in applicable law, business operations, technology, or data practices. Material changes — defined as changes that significantly expand the types of data collected, purposes of processing, categories of third-party sharing, or individual rights — will be communicated via: (a) email notification to all registered users and newsletter subscribers at least 30 days before the effective date; (b) a prominent banner notice on our website homepage for a minimum of 30 days; (c) an updated "Last Revised" date on this page. Non-material changes (clarifications, formatting, contact information updates) are made without individual notification. Your continued use of our services after the effective date of any changes constitutes acceptance of the revised policy. For any questions, concerns, requests to exercise your privacy rights, or complaints regarding our data practices, please contact our Privacy Officer: Fix And Upgrade Home, Attn: Privacy Officer, 440 Cheshire Road Hartford, CT 06103; Email: privacy@fixandupgradehome.com; Phone: +1 203-349-2755. If you remain unsatisfied after contacting us, you may have the right to lodge a complaint with your state Attorney General's office or the Federal Trade Commission (FTC).

1. Formation and Binding Nature of Agreement. These Terms and Conditions ("Terms") constitute a legally binding contract between you ("Client," "Homeowner," or "you") and Fix And Upgrade Home ("Fix And Upgrade Home," "Company," "we," "us," or "our") that governs all aspects of your relationship with Fix And Upgrade Home, including but not limited to: use of our website (fixandupgradehome.com) and all subdomains, mobile applications, and digital platforms; all in-person, telephone, video, and electronic communications; all consultations, proposals, and project agreements; and all home improvement, design, installation, maintenance, and warranty services provided by Fix And Upgrade Home. By accessing our website, requesting any service, signing a Project Agreement, or engaging our services in any manner, you represent and warrant that you are at least 18 years of age, possess the legal capacity to enter into binding contracts under the laws of your state of residence, are the legal owner of the property or hold documented authority to act on behalf of the owner, and have read, understood, and unconditionally agree to be bound by these Terms. If you do not agree to any provision of these Terms, you must immediately discontinue use of our website and services.

2. Comprehensive Description of Services. Fix And Upgrade Home provides a curated portfolio of premium residential home services across all 50 United States, organized into the following service categories: (a) Interior Design — spatial planning, color consultation, material specification, furniture procurement, custom millwork design, art curation, 3D visualization, and styling; (b) Exterior Design — landscape architecture, facade renovation, hardscape design, outdoor kitchen and living space construction, pool area design, and driveway/walkway installation; (c) Home Decor — accessory selection and procurement, window treatment design and installation, lighting design, textile selection, and seasonal styling; (d) Bathroom Remodeling — complete demolition and reconstruction, plumbing rough-in and finish, custom vanity design and fabrication, tile and stone installation, shower and tub specification, heated floor systems, ventilation, and smart fixture integration; (e) Kitchen Remodeling — custom cabinetry design and installation, countertop fabrication and installation, appliance specification and installation, kitchen island construction, backsplash design, plumbing and electrical modifications, and pantry organization systems; (f) Fire & Safety Installations — smoke detector and carbon monoxide alarm installation, fire sprinkler system design and installation, fire extinguisher placement, fire-rated door and wall assemblies, and emergency egress planning per NFPA codes; (g) Solar Panel Installations — site assessment and system design, photovoltaic panel installation, inverter and battery storage integration, electrical panel upgrades, net metering coordination, permit acquisition, utility interconnection, federal and state tax credit guidance, and system commissioning; (h) Home Warranty — three-tier protection plans covering HVAC systems, plumbing, electrical, major appliances, water heaters, garage door openers, roof leaks, and pool equipment, with defined service call fees and claims processes; (i) Roofing Installations — complete tear-off and replacement, overlay installations, asphalt shingle, metal standing seam, clay tile, concrete tile, flat/TPO/EPDM, slate, and wood shake systems, with manufacturer warranties ranging from 25 to 50 years; (j) Gutter Installation — seamless aluminum, copper, galvanized steel, and vinyl gutter systems, micro-mesh and reverse-curve leaf guards, underground downspout drainage, and ice dam heat cable systems; (k) Home Security — 4K CCTV camera systems with night vision and AI analytics, smart lock installation, motion and glass-break sensors, panic buttons, control panel installation, 24/7 professional monitoring coordination, and smart home integration. All services are subject to geographic availability and compliance with local licensing requirements. Specific deliverables, timelines, selections, and costs for each engagement are defined exclusively in the individual Project Agreement executed between the parties.

3. Estimation, Quoting, and Pricing Integrity. All estimates and quotes provided by Fix And Upgrade Home are prepared based on: an on-site assessment by a qualified project consultant (or virtual assessment with client-provided measurements and photographs); current material costs from our supplier network; standard labor rates for the relevant trade and geographic region; and assumptions regarding standard construction conditions. Quotes are valid for thirty (30) calendar days from the date of issuance. Fix And Upgrade Home reserves the right to adjust the quoted price if: (a) the Client modifies the project scope, specifications, material selections, or design after quote issuance; (b) concealed or latent conditions are discovered during demolition or construction that could not have been reasonably anticipated (including but not limited to water damage, termite damage, mold, asbestos-containing materials, lead-based paint, structural deficiencies, non-compliant prior electrical/plumbing work, or inadequate framing); (c) material prices increase by more than 8% between the quote date and the date of procurement due to supplier price changes, tariffs, or supply chain disruptions; (d) permitting requirements impose additional work, fees, or inspections not anticipated at the time of quoting; (e) unexpected site conditions such as bedrock, high water table, underground utilities, or easement restrictions are encountered; or (f) code compliance requires upgrades to existing systems (e.g., electrical panel upgrade required by current NEC code when adding circuits). Any price adjustment will be presented as a written Change Order for the Client's review and written approval before any additional work or material procurement proceeds.

4. Payment Architecture and Financial Terms. Our payment structure is designed to align financial obligations with project milestones, ensuring transparency and fairness. Deposit: A deposit is required upon execution of the Project Agreement, calculated as follows: projects under $10,000 — 40% deposit; projects $10,000–$50,000 — 30% deposit; projects $50,000–$150,000 — 25% deposit; projects exceeding $150,000 — 20% deposit. Deposits are held in a dedicated client trust account until work commences. Progress Payments: Remaining balances are structured around verified milestones: demolition completion, rough-in completion (plumbing/electrical/HVAC), drywall/finishing completion, cabinet/installation completion, and substantial completion/final walkthrough. Each milestone invoice is due within fifteen (15) calendar days. Final Payment: due upon Client's written acknowledgment of satisfactory completion at the final walkthrough, or fifteen (15) days after substantial completion notice, whichever occurs first. Accepted Methods: Visa, MasterCard, American Express, Discover (3% processing fee on credit card payments exceeding $10,000), ACH direct debit (no fee), personal/business checks (subject to 10-day hold before work commences), cashier's checks, wire transfers, and financing through our lending partners. Financing: 0% APR for 18 months (projects up to $50,000); extended terms 60–144 months at 5.99%–11.99% APR based on creditworthiness; 60-second pre-qualification with no credit score impact. Late Payments: past-due balances accrue interest at 1.5% per month (18% per annum) or the maximum rate permitted by the Client's state of residence, whichever is less. Fix And Upgrade Home reserves the right to suspend work for balances overdue by more than ten (10) days after written notice.

5. Cancellation, Rescission, and Refund Framework. 72-Hour Cooling-Off Period: The Client may cancel the Project Agreement without any penalty, reason, or obligation by providing written notice (email or certified mail) within seventy-two (72) hours of execution. All deposits will be refunded in full within ten (10) business days via the original payment method. Post-Cooling-Off Cancellation by Client: If cancellation occurs after 72 hours but before any work or material procurement has begun, a cancellation fee of 10% of the total contract value (minimum $500) applies to cover administrative, design, and estimating costs. If materials have been procured but work has not begun, the Client is responsible for the full cost of all ordered materials (which become the Client's property and may be picked up or delivered at Client's expense) plus a 10% administrative fee. If work has commenced, the Client is responsible for the fair market value of all labor performed and materials installed, assessed at our standard rates, plus a 15% administrative and demobilization fee. Cancellation by Fix And Upgrade Home: We may terminate the agreement upon fifteen (15) days' written notice if: the Client fails to make any payment when due and does not cure the default within five (5) business days of written notice; the Client fails to provide access to the property for ten (10) or more consecutive business days; the Client materially breaches any term of the agreement; site conditions are deemed unsafe by our team or a licensed inspector; the Client engages in abusive, threatening, or discriminatory behavior toward our personnel; or it becomes commercially impracticable to complete the project due to force majeure events lasting more than 60 days. Upon our termination, the Client is responsible for payment for all work completed and materials procured, less any deposit amounts already paid.

6. Project Timeline Provisions and Guarantee. Estimated project timelines communicated during the proposal phase represent our good-faith projections based on typical conditions, current scheduling capacity, standard material lead times, and historical performance data for comparable projects. Fix And Upgrade does not guarantee specific completion dates unless a "Guaranteed Completion Date" is expressly designated as such in the Project Agreement. Timelines may be adjusted due to factors beyond our reasonable control, including but not limited to: adverse weather conditions preventing exterior work, material delivery, or safe site access; delays in permit issuance, inspection scheduling, or utility company responses; material backorders, manufacturing defects requiring replacement, or shipping delays; discovery of concealed conditions requiring additional work; Client-requested changes (Change Orders) that affect the critical path; Client decision delays on selections, approvals, or Change Order authorizations exceeding the specified response window; subcontractor availability issues, trade scheduling conflicts, or subcontractor performance deficiencies; supply chain disruptions, tariffs, or force majeure events; and statutory holidays or municipal closures. Guaranteed Completion Guarantee: If a Guaranteed Completion Date is specified and missed due solely to Fix And Upgrade 's negligence or failure (excluding Client-caused delays, force majeure, or other excluded factors), the Client is entitled to a credit equal to 5% of the total contract value, applied to the final invoice, with a maximum credit of $7,500. This credit is the Client's sole and exclusive remedy for timeline delays.

7. Regulatory Compliance, Permits, and Inspections. Fix And Upgrade Home assumes full responsibility for: identifying all permits required for the contracted scope of work under applicable municipal, county, and state regulations; preparing and submitting complete permit applications with all required documentation (plans, specifications, engineering calculations, energy compliance forms); paying all permit fees (included in the quoted price unless separately itemized); scheduling and coordinating all required inspections at appropriate construction milestones; and ensuring that all completed work complies with the applicable edition of the International Building Code (IBC), International Residential Code (IRC), National Electrical Code (NEC), National Fire Protection Association (NFPA) standards, International Energy Conservation Code (IECC), and all local amendments. The Client is responsible for: disclosing any known pre-existing code violations, unpermitted prior work, environmental hazards (asbestos, lead paint, radon, mold, underground storage tanks), historical preservation easements or restrictions, HOA architectural review requirements, or deed restrictions that may affect the project; obtaining all required HOA or architectural committee approvals before work begins (we provide specifications and drawings to support your application); and maintaining property insurance adequate for renovation activities. If code compliance requires upgrading existing systems not within the original scope (e.g., bringing an electrical panel to current code when adding circuits), such work will be quoted separately as a Change Order.

8. Warranty Ecosystem, Coverage, and Limitations. Fix And Upgrade provides a multi-layered warranty framework. Workmanship Warranty: Five (5) years from the date of Substantial Completion, covering defects in labor, installation, and craftsmanship performed by Fix And Upgrade Home and its subcontractors. Coverage includes: improper installation of materials, failure of joints or connections due to workmanship, water intrusion caused by installation errors, and finish quality deficiencies. Manufacturer Material Warranties: All materials, fixtures, and products supplied by Fix And Upgrade Home carry the full manufacturer's warranty, which is assigned and passed through to the Client. Typical ranges: cabinetry — lifetime to 10 years; countertops — 15 years to lifetime; flooring — 15 to 50 years; roofing — 25 to 50 years; solar panels — 25 years performance, 12 years product; HVAC — 10 to 20 years; plumbing fixtures — 5 years to lifetime. Home Warranty Service Agreements: Separate terms as defined in the executed Home Warranty Agreement (Essential: $49/mo — HVAC, electrical, plumbing; Premium: $89/mo — adds appliances, water heater, garage door; Ultimate: $129/mo — adds roof leaks, pool equipment, pest damage). Exclusions common to all warranties: normal wear and tear from daily use; damage from misuse, abuse, neglect, or unauthorized modification; damage from natural disasters, Acts of God, extreme weather events, or environmental conditions beyond design parameters; settling, shifting, expansion, or contraction of the building structure; failure caused by pre-existing conditions not disclosed by the Client; damage from insects, rodents, or biological organisms; cosmetic imperfections that do not affect functionality or safety; secondary or consequential damage arising from a covered defect; and issues arising from Client-furnished materials or equipment not supplied by Fix And Upgrade Home.

9. Limitation of Liability and Exclusion of Consequential Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Fix And Upgrade Home' TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE THEORY) ARISING OUT OF OR RELATED TO THESE TERMS, THE PROJECT AGREEMENT, OR THE SERVICES PROVIDED SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE CLIENT TO Fix And Upgrade Home FOR THE SPECIFIC SERVICE OR PROJECT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL Fix And Upgrade Home BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MORAL DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF USE OR ENJOYMENT OF THE PROPERTY OR ANY PORTION THEREOF; LOSS OF REVENUE, INCOME, PROFITS, OR BUSINESS OPPORTUNITIES; INCONVENIENCE, EMOTIONAL DISTRESS, ANXIETY, MENTAL ANGUISH, OR REPUTATIONAL HARM; INCREASED COSTS OF LIVING, TEMPORARY RELOCATION, ALTERNATE ACCOMMODATION, OR STORAGE EXPENSES; DAMAGE TO PERSONAL PROPERTY, FURNISHINGS, ARTWORK, COLLECTIBLES, OR OTHER CONTENTS NOT WITHIN THE SCOPE OF CONTRACTED WORK; DIMINUTION IN PROPERTY VALUE; OR ANY OTHER DAMAGES THAT ARE NOT DIRECT, ACTUAL, AND PROXIMATELY CAUSED BY Fix And Upgrade Home'S BREACH OR NEGLIGENCE. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER Fix And Upgrade Home WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND APPLY EVEN IF Fix And Upgrade Home'S LIMITED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU, BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Indemnification Obligations. The Client agrees to indemnify, defend, and hold harmless Fix And Upgrade , its parent entities, subsidiaries, affiliates, officers, directors, members, managers, employees, agents, subcontractors, design professionals, and assigns (collectively, "Indemnified Parties") from and against any and all claims, demands, lawsuits, actions, proceedings, losses, damages, costs, expenses (including reasonable attorneys' fees of $400/hour or prevailing market rate, expert witness fees, court costs, mediation/arbitration costs, and investigation expenses), judgments, liens, and liabilities of any kind or nature, whether at law or in equity, arising out of or attributable to: (a) any breach or alleged breach of these Terms or the Project Agreement by the Client; (b) any negligent, reckless, or willful misconduct of the Client, Client's family members, household members, guests, tenants, or agents; (c) any misrepresentation, concealment, or omission by the Client regarding the property condition, title, authority, or any material fact; (d) any violation of applicable laws, ordinances, codes, regulations, covenants, conditions, or restrictions by the Client; (e) any failure of the Client to obtain required approvals from HOAs, architectural committees, historic preservation boards, or other governing bodies; (f) any failure of the Client to maintain adequate property insurance, homeowner's insurance, or title insurance; (g) any disputes between the Client and third parties (neighbors, tenants, HOAs, municipalities) arising from or related to the project; (h) any environmental contamination, hazardous materials, or dangerous conditions pre-existing on the property that were not disclosed to Fix And Upgrade Home prior to commencement; (i) any liens filed against the property by the Client's other contractors, suppliers, or creditors; and (j) any claims by the Client's subcontractors or suppliers not engaged through Fix And Upgrade Home. This indemnification obligation survives the termination or completion of the Project Agreement and any applicable warranty period.

11. Client Obligations, Property Access, and Site Conditions. The Client acknowledges and assumes the following responsibilities, which are conditions precedent to Fix And Upgrade Home's performance: (a) Access — provide safe, unobstructed, and reasonable access to all work areas and adjacent areas necessary for material staging, equipment operation, and worker egress/ingress during agreed working hours (typically 7AM–6PM Monday–Saturday, subject to local noise ordinances); (b) Preparation — remove all personal belongings, furnishings, window treatments, wall hangings, electronics, and decorative items from areas where work will be performed, or arrange and pay for Fix And Upgrade Home to provide professional packing, moving, and climate-controlled storage; (c) Pets — secure or relocate all animals away from work areas during all working hours; (d) Utilities — ensure all utilities (water, electricity, gas, sewer) are active, adequate in capacity, and accessible as required for construction activities; (e) Disclosures — provide written disclosure of all known environmental hazards, structural deficiencies, code violations, unpermitted work, boundary disputes, easements, encroachments, and any conditions that may affect safety or work quality; (f) Approvals — obtain all required HOA, architectural committee, and historic preservation approvals before work begins and provide written confirmation to Fix And Upgrade ; (g) Insurance — maintain homeowner's insurance with coverage adequate for renovation activities (minimum $500,000 liability), notify the insurance carrier of the renovation project, and provide a certificate of insurance to Fix And Upgrade Home upon request; (h) Decision-Making — make selections, approvals, and Change Order decisions within the response windows specified in the Project Agreement (typically 5 business days for selections, 3 business days for Change Orders) to avoid timeline delays; (i) Site Conditions — maintain the property in a condition that allows safe work, including adequate lighting, clear pathways, stable ground conditions, and absence of hazards. Failure to fulfill these obligations may result in timeline delays charged to the Client's account, additional handling charges, or project suspension until compliance is achieved.

12. Change Order Protocol and Scope Management. Any modification, addition, deletion, substitution, or alteration to the original Project Agreement — including but not limited to changes in design, materials, specifications, scope, timeline, or selections — must be documented through a formal written Change Order signed by authorized representatives of both parties. Each Change Order must specify: (a) a clear, detailed description of the proposed change; (b) the cost impact — additional charge, credit, or no cost change — with itemization for labor, materials, and fees; (c) the timeline impact — additional days, accelerated schedule, or no change; (d) any impact on the warranty; (e) revised total contract value and revised completion date (if applicable); and (f) signature lines for both Client and Fix And Upgrade authorization. Binding Requirement: No Change Order is valid, binding, or enforceable unless signed by both parties. Oral requests, text messages, emails, verbal instructions, or informal agreements are NOT Change Orders and will not be honored, regardless of the work performed. If a Client verbally requests a change that Fix And Upgrade deems necessary for safety or code compliance, Fix And Upgrade Home may proceed with the change but must present a written Change Order within 48 hours for retroactive approval. Pricing for Change Orders: labor is billed at our then-current standard rates; materials are billed at actual cost plus a 15% procurement and handling fee; subcontractor work is billed at actual subcontractor cost plus 10% coordination fee.

13. Intellectual Property, Design Ownership, and Portfolio Rights. All designs, plans, drawings, renderings, 3D models, specifications, material palettes, color schemes, spatial layouts, custom furniture designs, millwork details, lighting plans, and other creative or technical materials produced by Fix And Upgrade Home in the course of providing services ("Design Materials") are and remain the exclusive intellectual property of Fix And Upgrade Home until full and final payment for all services related to those materials has been received, cleared, and is no longer subject to any chargeback, dispute, or holdback. Upon receipt of unconditional full payment, Fix And Upgrade Home grants the Client a non-exclusive, non-transferable (except with the property upon sale), non-sublicensable, revocable license to use the Design Materials solely for: (i) personal, non-commercial enjoyment of the completed project at the specified property address; (ii) disclosure to future property buyers as part of a real estate sale; and (iii) submission to HOAs or municipal authorities as required by law. The Client may NOT reproduce, distribute, publish, exhibit, create derivative works from, license, sell, or use the Design Materials for any commercial, competitive, or promotional purpose without Fix And Upgrade 's prior written consent. Portfolio Rights: Fix And Upgrade Home reserves the right to photograph, video record, and describe completed projects for portfolio, marketing, social media, website, advertising, publication, and award submission purposes. The Client may opt out of portfolio use by providing written objection prior to project completion; however, Fix And Upgrade Home retains the right to use non-identifying before/after photographs and project descriptions.

14. Insurance Requirements and Risk Allocation. Fix And Upgrade Home maintains comprehensive insurance coverage at all times during the term of this agreement and the performance of all services: Commercial General Liability (CGL): $2,000,000 per occurrence / $5,000,000 general aggregate, with Products-Completed Operations coverage; Workers' Compensation: statutory limits as required by each state in which we operate, with Employer's Liability of $1,000,000 per accident / $1,000,000 disease per employee / $1,000,000 disease policy limit; Commercial Automobile: $1,000,000 combined single limit for owned, hired, and non-owned vehicles; Professional Liability (Errors & Omissions): $2,000,000 per claim / $5,000,000 aggregate, covering design errors and omissions; Umbrella/Excess Liability: $10,000,000 following form over underlying CGL, auto, and employers' liability; Cyber Liability: $1,000,000 for data breach response, notification, and liability. All subcontractors engaged by Fix And Upgrade Home are contractually required to maintain equivalent coverage and provide certificates of insurance naming Fix And Upgrade Home as additional insured before commencing any work. The Client acknowledges that construction activities inherently involve risks including noise, dust, vibration, temporary utility interruptions, presence of workers and equipment, and temporary unavailability of portions of the property. The Client assumes all risks associated with remaining in or near the property during construction and maintains sole responsibility for adequate property and contents insurance.

15. Dispute Resolution, Governing Law, and Class Action Waiver. THESE TERMS AND ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS, THE PROJECT AGREEMENT, OR THE SERVICES (INCLUDING BUT NOT LIMITED TO CONTRACT FORMATION, BREACH, PERFORMANCE, WARRANTY, TORT, STATUTORY, AND CONSTITUTIONAL CLAIMS) SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF USA, WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES OR ANY OTHER JURISDICTION'S LAWS. EXCLUSIVE JURISDICTION AND VENUE FOR ANY LITIGATION NOT SUBJECT TO ARBITRATION SHALL LIE IN THE STATE AND FEDERAL COURTS LOCATED IN USA. Mandatory Arbitration: EXCEPT FOR ACTIONS SEEKING EQUITABLE RELIEF (INCLUDING TEMPORARY RESTRAINING ORDERS, PRELIMINARY INJUNCTIONS, OR CONSTRUCTIVE TRUSTS) TO PREVENT IRREPARABLE HARM, ANY DISPUTE NOT RESOLVED THROUGH GOOD-FAITH NEGOTIATION (30-DAY PERIOD) SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES) UNDER ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. THE ARBITRATION SHALL BE CONDUCTED BEFORE A SINGLE ARBITRATOR WITH AT LEAST 10 YEARS' EXPERIENCE IN CONSTRUCTION OR REAL ESTATE LAW, SELECTED IN ACCORDANCE WITH JAMS RULES. THE ARBITRATION VENUE SHALL BE USA, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE. EACH PARTY SHALL BEAR ITS OWN ATTORNEY FEES, EXPERT WITNESS FEES, AND ARBITRATION COSTS, EXCEPT THAT THE ARBITRATOR MAY AWARD REASONABLE ATTORNEY FEES AND COSTS TO THE PREVAILING PARTY IF APPLICABLE LAW PERMITS SUCH AN AWARD. THE ARBITRATOR'S AWARD SHALL BE FINAL, BINDING, AND NON-APPEALABLE, AND MAY BE CONFIRMED AND ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. Class Action Waiver: THE CLIENT IRREVOCABLY WAIVES ANY RIGHT TO PARTICIPATE IN, BRING, OR SERVE AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN ANY CLASS ACTION, COLLECTIVE ACTION, CLASS-WIDE ARBITRATION, REPRESENTATIVE PROCEEDING, OR CONSOLIDATED PROCEEDING AGAINST Fix And Upgrade . ALL CLAIMS MUST BE BROUGHT IN THE CLIENT'S INDIVIDUAL CAPACITY ONLY.