Clear Truth Terms of Service

These Terms are a contract between you and Clear Truth. They are written in plain English on purpose. Please read them. The short version: we review your home inspection report as a document, we have not seen the house, the report controls, and our responsibility to you is limited to the fee you paid.

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1. Who we are

Clear Truth is operated by [Owner Legal Name], an individual doing business as Clear Truth in the Commonwealth of Massachusetts. In these Terms, "Clear Truth," "we," "us," and "our" mean that person and the business. If we form a company to run Clear Truth, this contract may be transferred to it (see Section 19).

Contact: [Contact Email]. Mail: [Business Mailing Address]. Website: [Website URL].

2. These Terms are a contract

By checking the agreement box at checkout, placing an order, or using a Review we deliver, you agree to these Terms and to the three documents that are part of them:

• the Not an Inspection disclosure,
• the Privacy Policy, and
• the Refund Policy.

If you do not agree, do not place an order. The version of these Terms in force when you place an order governs that order.

To order, you must be at least 18, located in the United States, and ordering for yourself or for a person who has authorized you to act for them. If you order for someone else, you promise you have that authority and that they will be bound by these Terms as well.

3. What we do

Clear Truth reviews a home inspection report as a document. You upload a report written by a third-party home inspector. We read it and send you a written review and working plan, called a Clear Truth Review (the "Review"). A Review:

• states what the report says, what it gives weight to, what appears in its body but not in its summary, and what it says it did not cover, with page citations;
• puts the report's findings in a working order (before closing, the first 30 days, the first 30 to 90 days, seasonal, and ongoing);
• lists the questions the report leaves open and who can answer them; and
• lays out a year-one plan for the house, built from the equipment and recommendations the report describes.

The Review is built from the report you give us and nothing else, apart from information you choose to tell us at intake. Anything you tell us is kept separate and labeled as your account, not as a finding.

4. What we do not do

This section defines the service. It is as important as Section 3.

We have not seen the property. No one from Clear Truth visits, inspects, tests, measures, photographs, or examines the property. We know nothing about the house beyond what the report says.

We do not inspect. A Review is not a home inspection, not an inspection report, and not an addition to or correction of one. We are not acting as a home inspector under the law of any state.

We do not diagnose. We do not determine the cause of anything the report describes. We do not tell you whether a repair is or is not needed, or what it would cost.

We add nothing about the house. If the report does not say it, the Review does not state it as a fact about the house. Where we draw on experience, we use it to put the report's findings in order and to raise questions the report does not raise. Those questions are labeled as ours. They are questions, not findings.

We keep the report's uncertainty. If the report says "may," "appears," or "possible," so does the Review.

We express no opinion about the inspector. The Review is about the document, not the person or company who wrote it. Nothing in a Review is a statement that the inspector did or did not meet any standard, duty, or practice.

We do not give legal, engineering, or inspection advice. We also do not give real estate, financial, insurance, or health advice. For items such as mold, radon, lead, or asbestos, the Review points to the report's own words and to the right specialist.

Every recommendation ends at a professional. Where the Review says what to do, it says who to call: a licensed or qualified professional in the relevant trade or field. What they find when they see the property decides what happens, not the Review.

The report controls. If the Review and the report differ, the report is the record of what the inspector found.

The Review is not a substitute for the inspection, for a specialist evaluation, for a contractor or engineer, or for an attorney.

We make no warranty about the property. We do not warrant, guarantee, insure, or certify the condition, safety, value, code compliance, or habitability of any property, or that the report is complete or correct.

5. What you give us, and what you promise

The report. A complete, legible copy of the inspection report, every page. If pages are missing or unreadable, we will tell you and ask for them. The 48-hour clock in Section 7 starts when we have a complete, readable report.

Your right to share it. You confirm that you are the person the report was prepared for, or that the person it was prepared for has authorized you to share it with us. Inspection agreements often limit who may receive a report. Checking yours is your responsibility.

Accurate information. Your name, your email address, and anything you tell us at intake are true to the best of your knowledge.

Your understanding. You have read the Not an Inspection disclosure and you understand that a Review is a document review.

Your decisions are yours. Whether to buy, what to repair, what to ask a seller for, and whom to hire are your decisions, made with the professionals the report and the Review point you to.

6. Ordering and payment

• The price is a one-time fee per Review, shown at checkout before you pay. Different turnaround options, if offered, have different prices. Any applicable sales or use tax is added at checkout.
• Payment is processed by Stripe. We never see or store your full card number. Stripe's own terms govern the payment itself.
• We may decline or cancel any order we are not able or willing to review, for example a document that is not a home inspection report, a file we cannot read, a property outside the United States, or an order we believe is for a prohibited use under Section 9. If we decline, we refund in full.
• Prices may change. Your order stays at the price you paid.

7. Delivery

• We aim to deliver your Review within 48 hours of a complete order. A complete order means payment is confirmed, the report is complete and readable, and any required intake questions are answered. [If a faster paid option is offered, its stated window applies instead.]
• Delivery is by email: a web link to your Review and a PDF copy. The web link stays active for [90 days]. Save the PDF.
• If we are going to be late, we will tell you. The Refund Policy says what happens if we miss the window.
• You are responsible for giving us a working email address and for checking your spam folder.

8. How we produce a Review

We follow a written process. We read the whole report and record every finding before writing anything. We write the Review from that record only. We use software, including artificial intelligence tools, to read the report and prepare the Review, and we check the Review against the report before we deliver it. [Owner and counsel to settle the exact wording of this disclosure; see the attorney brief.]

Even with checks, a Review can contain an error: a wrong page number, a misquoted phrase, a finding left out of the working order, or a statement attributed to the report that the report does not make. If you find one, tell us within [14 days] of delivery. We will correct it and reissue the Review at no charge. Correction and the Refund Policy are your remedies for an error in a Review.

9. Using your Review

What you may do. The Review is yours to use for the property it names and for your own decisions about that property. You may share it with your own real estate agent, attorney, lender, insurer, and the contractors or professionals you hire for that property.

What you may not do. You may not resell the Review, publish it, post it publicly, or use it for any other property or transaction. (Writing an honest review of our service is fine, and nothing here limits that.)

Not for use as evidence or as an expert opinion. A Review is not an expert report and is not prepared for use in any claim, complaint, lawsuit, arbitration, licensing complaint, or other proceeding. You agree not to present a Review, or any part of it, as a statement about the condition of the property or about the quality of the inspection or the inspector, to the inspector, the inspection company, the seller, a licensing board, a court, or anyone else. If you need to show someone what the inspection found, show them the report. We do not provide testimony, affidavits, or litigation support as part of this service.

No one else may rely on it. The Review is for you. Sellers, lenders, agents, other buyers, and anyone else may not rely on it, and we owe them no duty.

Who owns what. You keep your rights in your inspection report. We own the Review's text, structure, and format. We grant you a personal, non-transferable license to use the Review as this section allows. The license continues as long as you follow these Terms. We may keep a copy of your report and the Review as the Privacy Policy describes.

10. Your report and your privacy

Our Privacy Policy explains what we collect, how long we keep it, how to ask us to delete it, and that we do not sell personal information. We use your report to produce your Review and for nothing else, except as the Privacy Policy states.

We will use anonymized excerpts from your report in our marketing only if you check the separate, optional marketing box at checkout. That box is not required to buy a Review, and leaving it unchecked does not change the price or the service. You can withdraw that permission at any time for future use, as the Privacy Policy explains.

11. Disclaimers

This section is in capitals because the law expects a disclaimer like this to stand out.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND THE REFUND POLICY, THE SERVICE AND EVERY REVIEW ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE MAKE NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY ABOUT THE CONDITION, SAFETY, VALUE, OR CODE COMPLIANCE OF ANY PROPERTY, ABOUT THE COMPLETENESS OR ACCURACY OF THE INSPECTION REPORT, OR ABOUT THE OUTCOME OF ANY PURCHASE, REPAIR, NEGOTIATION, OR DECISION YOU MAKE.

What we do promise: a Review that follows the process described in Section 3 and Section 8, delivered as described in Section 7, corrected if it contains an error as described in Section 8, and refunded as described in the Refund Policy.

Some states do not allow certain warranties to be disclaimed. In those states, the disclaimer above applies to the extent the law allows.

12. Limit on our responsibility

This section is also in capitals because the law expects it to stand out.

TO THE FULLEST EXTENT THE LAW ALLOWS:

(A) OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE, A REVIEW, OR THESE TERMS, UNDER ANY THEORY (CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), WILL NOT EXCEED THE FEE YOU PAID US FOR THE REVIEW THAT GAVE RISE TO THE CLAIM; AND

(B) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST SAVINGS, A LOST TRANSACTION OR DEPOSIT, LOST VALUE IN A PROPERTY, THE COST OF REPAIRS, OR THE COST OF OTHER SERVICES, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

In plain words: the most you can recover from us is what you paid us. We are not responsible for the cost of repairs, for the deal, for the house, or for decisions made about it. The fee for a Review is small. The decisions about a property, and the risk that comes with them, are large. They belong to you and the professionals who see the property. The price reflects that division, and you agree it is fair.

What this section does not do: it does not limit any liability the law does not allow us to limit, including liability for our own fraud, willful misconduct, or gross negligence. It does not take away any right you have under a consumer protection law that cannot be waived by contract, including Massachusetts General Laws Chapter 93A. Some states do not allow the exclusion or limitation of certain damages; in those states our liability is limited to the smallest extent the law allows.

These limits are a basic part of the agreement between us and apply even if a remedy fails of its essential purpose.

13. Your responsibility to us

If someone brings a claim against us because you uploaded a report you did not have the right to share, gave us false information, or used a Review in a way Section 9 prohibits, you agree to cover our reasonable costs from that claim, including reasonable attorney's fees, to the extent the claim results from what you did.

14. Resolving disputes

Please read this section. It affects how disputes between us are resolved, including the right to go to court or to a jury, and it waives class actions. You can opt out of arbitration (Section 14.5).

14.1 Talk to us first

Before starting arbitration or a court case, you agree to send us a written Notice of Dispute at [Contact Email] or [Business Mailing Address] with your name, email, order number, what happened, and what you want. We agree to do the same if we have a claim against you. Each side will try in good faith to resolve the matter for 30 days after the notice is received. If we cannot, either side may proceed under this section.

This step does not replace or shorten any demand-letter right you have under state law, including the written demand under Massachusetts General Laws Chapter 93A, Section 9. A 93A demand letter counts as a Notice of Dispute.

14.2 Small claims court

Either side may bring an individual claim in small claims court instead of arbitration, if the claim qualifies for that court and stays there. You may use the small claims court for the county where you live or for [County], Massachusetts.

14.3 Binding arbitration

Except for small claims, any dispute, claim, or controversy between you and us arising out of or relating to the service, a Review, these Terms, or our relationship (including whether a claim is arbitrable, except as Section 14.4 states) will be resolved by binding individual arbitration, not in court.

• The Federal Arbitration Act governs this agreement to arbitrate.
• The arbitration will be administered by [the American Arbitration Association] under its [Consumer Arbitration Rules] in force when the arbitration starts. The rules are available at [provider website]. If the provider is unavailable, we will agree on a substitute or a court will appoint one.
• One arbitrator decides the case. The arbitrator may award any individual relief a court could award, and must follow these Terms and applicable law.
• The arbitration will take place in the county where you live, or by telephone, video, or written submissions if the rules allow and you prefer.
• Fees: we will pay all filing, administrative, and arbitrator fees except [the consumer filing fee set by the provider's consumer rules, which is capped at an amount comparable to a court filing fee]. If you cannot afford that fee, tell us and we will pay it. Each side pays its own attorney, unless the arbitrator awards fees under applicable law or the rules.
• The arbitrator's decision is final and binding, and a court may enter judgment on it.

14.4 No class actions

You and we agree to bring claims only on an individual basis, not as a plaintiff or class member in any class, collective, consolidated, representative, or private attorney general action. The arbitrator may not combine claims of different people or award relief to anyone other than the individual parties.

A court, not the arbitrator, decides whether this Section 14.4 is enforceable. If a court finds this section unenforceable as to a particular claim or form of relief, that claim or form of relief (and only that one) will be decided in court under Section 14.7, after all arbitrable claims are decided, and the rest of this Section 14 remains in force. Nothing in this section prevents you from seeking public injunctive relief in court where the law requires that it remain available there.

14.5 Your right to opt out

You may opt out of Sections 14.3 and 14.4 by emailing [Contact Email] within 30 days after your first order, with the subject line "Arbitration opt-out" and your name, email, and order number. If you opt out, disputes between us will be resolved in court under Section 14.7. Opting out does not affect any other part of these Terms.

14.6 Jury trial

If a dispute goes to court rather than arbitration, you and we each give up the right to a jury trial, to the extent the law allows.

14.7 Courts

Any dispute that is not arbitrated and is not in small claims court will be brought in the state or federal courts located in [County], Massachusetts. You and we agree to the personal jurisdiction of those courts and give up any objection to that venue, to the extent the law allows.

15. Governing law

Massachusetts law governs these Terms and any dispute between us, without regard to its conflict-of-law rules. The Federal Arbitration Act governs Section 14. If you live in another state, you may have consumer rights under that state's law that cannot be taken away by contract. Nothing in these Terms takes them away.

16. Time limit for claims

To the extent the law allows, any claim arising out of or relating to the service, a Review, or these Terms must be started (by filing in arbitration or in court under Section 14) within one year after the date we delivered the Review, or, for an order we never delivered, within one year after the order date. A claim not started in that time is permanently barred. Where the law sets a shorter period, the shorter period applies. Where the law does not allow this period to be shortened, the legal period applies.

17. Changes to these Terms

We may change these Terms. We will post the new version with its effective date. The version you agreed to when you ordered governs that order.

18. Refusing or ending service

We may refuse an order, as Section 6 describes, with a full refund. If you break these Terms, we may end your license to the Review and disable the web link, after notice to you by email where practical. Sections 4, 9, 11, 12, 13, 14, 15, 16, and 19 survive the end of any order or license.

19. Other terms

Whole agreement. These Terms, with the Not an Inspection disclosure, the Privacy Policy, and the Refund Policy, are the whole agreement between you and us about the service. Nothing said in marketing, on the website, or in email changes them unless we put it in writing as a change to these Terms.

If part is unenforceable. If any part of these Terms is found unenforceable, that part is limited or removed to the minimum extent needed, and the rest stays in force, except as Section 14.4 states.

Transfer. We may transfer this contract, and your order, to a company we form to run Clear Truth or to a successor to the business, without your consent. You may not transfer your rights under these Terms.

No waiver. If we do not enforce a part of these Terms, we may still enforce it later.

Notices. We will send notices to the email address on your order. Send notices to us at [Contact Email]. Legal notices may also be mailed to [Business Mailing Address].

Electronic dealing. You agree to receive communications and documents from us electronically, and you agree that checking the box at checkout is your signature on this contract.

Relationship. We are an independent service. Nothing in these Terms makes us your agent, fiduciary, inspector, contractor, attorney, or engineer.

Delays outside our control. We are not responsible for delay caused by events outside our reasonable control. The Refund Policy still applies if we are late.

Headings are for reading convenience and do not change the meaning of the text.

20. Contact

Questions about these Terms: [Contact Email]. Mail: [Business Mailing Address].