Terms of Service

1. Acceptance of Terms

By registering for or using Himmdale Pro ("Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform. These Terms constitute a legally binding agreement between you and Himmdale Technologies.

2. Nature of the Service — AI-Assisted Analysis Only

Himmdale Pro provides AI-assisted visual risk detection based solely on photographs submitted by users. The Platform identifies potentially visible issues such as water staining, cracks, or corrosion that are visible in images.

The Platform does NOT:

• Constitute a licensed professional home inspection
• Provide structural engineering analysis
• Replace mold testing, air quality assessment, or laboratory analysis
• Replace licensed electrical, plumbing, HVAC, or contractor inspections
• Guarantee the accuracy, completeness, or fitness of any AI-generated finding
• Provide legal, financial, or investment advice

All findings are probabilistic estimates based on visible photographic evidence. You must always consult a qualified, licensed professional before making any repair, investment, legal, or financial decision.

3. User-Submitted Content

By uploading images, inspection data, property information, or any other content to the Platform, you grant Himmdale Technologies a non-exclusive, worldwide, royalty-free license to use, process, store, and analyze that content for the purposes of:

• Providing the Platform's core inspection and reporting services
• Improving AI detection accuracy and model performance
• Enhancing platform safety systems and quality assurance
• Developing future products and services
• Internal research and analytics

You represent that you have all necessary rights to submit the content and that doing so does not violate any third-party rights, privacy laws, or applicable regulations.

4. Device Permissions and Hardware Access

Himmdale Pro may request access to device hardware to support inspection features. All hardware access is:

• Requested only at the point of use, not in advance
• Optional for non-core features (location, microphone)
• Never used to collect data beyond what the specific feature requires
• Subject to your device and browser permission settings at all times

Device permissions are used only to support inspection, reporting, and platform functionality. Himmdale Pro does not access your camera, microphone, location, or files unless you choose to use a feature that requires them.

You may revoke any permission at any time through your browser or device settings. Denying optional permissions does not restrict your access to the platform.

5. Use of Submitted Data for Platform Operation and Improvement

By creating an account, using Himmdale Pro, uploading or capturing photos, submitting inspection information, generating reports, providing feedback, or otherwise using the platform, you acknowledge and agree that Himmdale Pro may process and use submitted content and related usage information to operate, provide, maintain, secure, test, evaluate, improve, and enhance the platform and its AI-assisted inspection features.

Submitted content may include inspection photos, property-related information entered by the user, inspection results, report data, user notes, survey responses, feedback, device or usage information, and related metadata.

This use may include improving image review workflows, report generation, issue classification, severity and priority scoring, cost estimate range quality, user experience, system reliability, model performance, and other product functionality.

Himmdale Pro does not provide a certified home inspection, code compliance certification, engineering opinion, contractor quote, or guarantee of defect detection. AI-assisted results are based on visible information in submitted images and may be incomplete or inaccurate. Users should seek qualified professional review before making repair, purchase, safety, or financial decisions.

6. Platform Improvement Rights

Himmdale Technologies reserves the right to use inspection data, findings, and usage patterns to train, evaluate, and improve AI models and platform capabilities, as further described in Section 5 above and in our Privacy Policy.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Himmdale Technologies shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from:

• Reliance on AI-generated findings or reports
• Property damage, financial loss, or personal injury based on Platform output
• Data loss, service interruptions, or unauthorized access
• Any actions taken or not taken based on inspection results

Total liability shall not exceed the amount paid by you to Himmdale Technologies in the twelve (12) months preceding the claim.

8. Prohibited Use

You agree not to:

• Use the Platform for fraudulent, illegal, or deceptive purposes
• Submit content that violates the privacy or rights of third parties
• Attempt to reverse-engineer, scrape, or misuse the AI systems
• Share account credentials or create accounts on behalf of others without authorization
• Use Platform outputs as certified professional inspection reports or legal documents

9. Account Suspension

Himmdale Technologies reserves the right to suspend or terminate any account that violates these Terms, engages in misuse or abuse of the Platform, or poses a risk to the safety or integrity of the service. Notice will be provided where legally required.

10. Modifications to Terms

We may update these Terms periodically. You will be notified of material changes via email or in-platform notification. Continued use of the Platform after notification constitutes acceptance of the revised Terms.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions. The parties agree that the courts located in the United States shall have exclusive jurisdiction over any disputes arising under these Terms, subject to the arbitration provisions set forth in Section 12 below.

12. Dispute Resolution — ICC Arbitration

Any and all disputes, controversies, or claims arising out of or relating to these Terms, the Platform, or the services provided by Himmdale Technologies (including any question regarding their existence, validity, or termination), which the parties have been unable to resolve amicably within sixty (60) days of written notice, shall be finally resolved by arbitration administered by the International Chamber of Commerce (ICC) in accordance with the Rules of Arbitration of the International Chamber of Commerce then in effect.

• Number of Arbitrators: One (1) arbitrator, unless the claim amount exceeds USD 100,000, in which case three (3) arbitrators shall be appointed.
• Seat of Arbitration: New York, New York, United States of America.
• Language of Arbitration: English.
• Governing Law of the Arbitration Clause: The laws of the United States of America.
• Procedural Law: The Federal Arbitration Act (9 U.S.C. § 1 et seq.).

The award rendered by the arbitrator(s) shall be final and binding upon the parties, and judgment upon the award may be entered in any court having jurisdiction thereof. The costs of the arbitration, including the arbitrator's fees and expenses, shall be borne by the parties as determined by the arbitrator(s).

Class Action Waiver: The parties agree that any arbitration shall be conducted on an individual basis only, and not as a class action or other representative proceeding. The parties expressly waive any right to participate in a class action or class-wide arbitration.

Exception — Injunctive Relief: Notwithstanding the foregoing, either party may seek interim or injunctive relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or other proprietary rights without first resorting to arbitration.

13. Privacy Nutrition Label

The following summary describes the categories of data Himmdale Pro collects and how that data is used, in a standardized "nutrition label" format for easy review.

For full details, see our Privacy Policy.

14. FTC AI Disclosure

In accordance with the Federal Trade Commission's guidance on the use of artificial intelligence and automated decision-making tools, Himmdale Technologies discloses the following:

• Use of Artificial Intelligence: Himmdale Pro uses artificial intelligence and machine learning models to analyze uploaded photographs and generate risk assessments, findings, and cost estimates. All outputs are generated by AI systems and are not reviewed or verified by a licensed human professional.
• No Professional Licensure: The AI-generated findings do not constitute a licensed home inspection, engineering evaluation, or professional contractor diagnosis. The Platform is not a substitute for inspection by a qualified, licensed professional.
• Potential for Error: AI-generated results may be incomplete, inaccurate, or misleading. The AI may fail to detect visible defects or may identify issues that are not present. Users must exercise their own judgment and seek professional verification before relying on any output.
• No Automated Decision-Making Against You: Himmdale Pro does not use AI to make automated decisions that produce legal or similarly significant effects on you (e.g., credit, employment, housing, or insurance eligibility determinations). All AI outputs are advisory and require human review.
• Data Used for AI Training: As described in Sections 5 and 6, submitted content may be used to train, evaluate, and improve our AI models. You may contact us to request that your content not be used for model training, subject to applicable law.
• Transparency of AI Use: Users are notified when AI is used to analyze their submissions, and all reports clearly indicate that findings are AI-generated and require professional verification.

15. User-Generated Content — Copyright Liability

You are solely responsible for all content you upload, submit, or transmit through the Platform, including inspection photographs, property images, notes, and any other user-generated content ("UGC").

You represent, warrant, and agree that:

• You own all rights to the UGC you submit, or you have obtained all necessary licenses, consents, and permissions from the rightful copyright owner(s) to upload and use such content;
• Your submission of UGC does not infringe, misappropriate, or violate the copyright, trademark, trade secret, privacy, publicity, or other intellectual property or proprietary rights of any third party;
• You will not upload content that you do not have the legal right to use;
• You have obtained any necessary releases or consents from any individuals appearing in submitted photographs.

Indemnification for Copyright Infringement: You agree to indemnify, defend, and hold harmless Himmdale Technologies, its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any UGC you submit that infringes or misappropriates any third party's copyright or other intellectual property rights.

Liability for Uploaded Copyrighted Material: You acknowledge and agree that you are solely and fully liable for any copyright infringement resulting from content you upload to the Platform. Himmdale Technologies assumes no responsibility for, and shall not be liable for, any copyright infringement committed by users. You accept full financial and legal responsibility for any damages, settlements, or judgments arising from your submission of copyrighted material without authorization.

DMCA Compliance: Himmdale Technologies respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe that content on the Platform infringes your copyright, you may submit a takedown notice to contact@himmdalepro.com. We will investigate and remove infringing material upon receipt of a valid DMCA notice.

Repeat Infringer Policy: In accordance with the DMCA, Himmdale Technologies will terminate, in appropriate circumstances, the accounts of users who are determined to be repeat infringers of copyright.

16. Contact

For legal inquiries:
Himmdale Pro
Email: contact@himmdalepro.com