Terms of Service

1. Acceptance of Terms

These Terms of Service (the "Terms") are a binding agreement between Ajmal Hashimi, doing business as Everlumen ("we", "our", or "us"), operator of Everlumen, and the business or individual that creates an account ("you"). By creating an account, subscribing, or otherwise using the Services you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Services.

If you accept these Terms on behalf of a company, you confirm that you have authority to bind that company, and "you" means that company.

2. Description of the Service

Everlumen is a subscription software service for construction and field trades. It lets you capture and organise job site photos, videos and walkthrough recordings; run checklists and workflows; generate site logs and reports (including AI-assisted ones); publish public share links and portfolio pages; and collaborate with team members you invite. The Services are provided as a web and mobile application together with the everbreezesitepix.com website.

We may add, change or remove features. Where a change materially reduces functionality you are paying for, we will give you reasonable notice.

3. Accounts, Eligibility and Team Access

• You must be at least 18 years old and legally able to enter into contracts. The Services are intended for business use, not for consumers.
• You are responsible for the accuracy of your account details, for keeping your credentials confidential, and for all activity that happens under your account.
• Account owners may invite team members and assign roles. The account owner is responsible for everything their team members do in the workspace, including what they upload and what they share publicly.
• Notify us promptly at info@everbreezesitepix.com if you believe your account has been accessed without authorisation.

4. Subscriptions, Billing and Refunds

5. Acceptable Use

You agree not to:

• Upload or share content you do not have the right to upload or share, or that infringes anyone's intellectual property, privacy or other rights.
• Upload unlawful, defamatory, harassing, or deliberately misleading content, or content depicting people in a way that would breach their privacy rights.
• Attempt to access another customer's workspace, projects, photos, share links or invite tokens; probe, scan or test the security of the Services; or circumvent plan limits, seat caps or access controls.
• Scrape, resell, sublicense or mirror the Services, or use them to build a competing product.
• Use the Services to send unsolicited email, distribute malware, or place unusual load on our infrastructure through automated requests.
• Use AI features to generate content that is unlawful, or present AI output as an independent professional opinion (see section 9).

We may investigate suspected breaches and may suspend or terminate accounts, disable share links, or remove content that we reasonably believe breaches these Terms or exposes us or other customers to risk.

6. Your Content and the Licence You Grant Us

You own your content. Photos, videos, walkthrough recordings, captions, notes, checklists, reports, project data and anything else you upload or create in the Services ("Your Content") remain yours. We claim no ownership of it.

To actually run the product, we need permission to handle Your Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, back up, transmit, resize, transcode, index and display Your Content, and to disclose it to the sub-processors listed in our Privacy Policy, strictly for the purpose of providing and supporting the Services to you. This includes processing Your Content through AI providers to produce the analysis, transcripts, site logs and reports you ask for, and publishing it at the public addresses you choose to create. The licence lasts only as long as we hold the content, and ends when the content is deleted (subject to routine backup cycles).

We do not use Your Content to advertise to third parties or sell it. You are responsible for keeping your own copies of anything you cannot afford to lose; the Services are not a substitute for your own records or backups.

7. Job Sites and Third-Party Property

You are photographing property that usually belongs to someone else. You are solely responsible for having the right to capture, upload and use every photo, video and recording you put into the Services - including any permission required from the property owner or occupier, your client, the general contractor, or anyone whose face, vehicle, documents or possessions appear in the frame, and any consent required to record audio during walkthroughs.

Photos captured in the field commonly carry embedded GPS coordinates and timestamps, which the Services read and store so your work can be mapped and sequenced. Treat that as location data about a private address and share it accordingly.

You represent that you have all rights and permissions described above, and you will indemnify us against claims arising from content you upload or publish without them.

8. Public Share Links and Portfolio Pages

The Services let you create links - to galleries, reports, project pages, walkthroughs, portfolio sites and website embeds - that are viewable by anyone who has the URL, without signing in. That is the intended behaviour of the feature.

• Anyone the link is forwarded to can view it. Search engines may index a portfolio page or project page you publish.
• You decide what goes into a share link and are responsible for the consequences of publishing it - including any client, personal or site-security information visible in the photos, captions or reports it contains.
• Revoke a link from within the app when it should no longer be public. Copies already downloaded or cached by a recipient cannot be recalled.

9. AI-Generated Output Is Not Authoritative

Some features use artificial intelligence to describe photos, flag apparent defects, transcribe walkthrough audio, and draft site logs and reports. AI output is generated automatically from limited information and can be incomplete, inaccurate, or confidently wrong. It may miss a defect that is present or describe one that is not.

AI-generated analysis, defect severity, condition assessments, measurements and recommendations are informational aids only. They are not a professional inspection, engineering opinion, code-compliance determination, safety certification, or expert evidence, and they are not a substitute for inspection by a suitably qualified professional. We do not provide inspection, engineering, legal or insurance services.

Reports produced in the Services are frequently used in change orders, warranty claims, insurance claims and disputes. You are responsible for reviewing, correcting and verifying any output before you rely on it, share it with a client, or submit it in a claim or proceeding. We accept no liability for decisions made in reliance on AI output.

10. Third-Party Services

The Services depend on third-party providers - including cloud hosting and storage, payment processing, email delivery, mapping and geocoding, and AI providers. They are identified in our Privacy Policy. Your use of the Services is also subject to those providers' terms where they apply to you, and we are not responsible for their acts, omissions or outages beyond our reasonable control.

11. Availability and Support

We work to keep the Services available and reliable, but they are provided without any service level agreement. We do not commit to a specific uptime percentage, response time, or support-response time, and we offer no service credits, unless we have signed a separate written agreement with you that says otherwise. The Services may be unavailable during maintenance, provider outages, or events outside our control.

Support is provided on a commercially reasonable basis through our contact page and the in-app Help Center.

12. Termination and Data Deletion

You may stop using the Services and delete your account at any time from the Settings page. We may suspend or terminate your access if you materially breach these Terms, if your subscription goes unpaid, or if we are required to by law - with notice where it is reasonable to give it.

Export anything you need before you delete your account. On deletion we begin removing your account and associated content in line with the retention section of our Privacy Policy, except where we must keep records for legal, tax, accounting, security or dispute-resolution purposes. Active share links stop working once the underlying content is deleted. Deletion is permanent and we cannot restore deleted workspaces.

Sections 6, 9, 13, 14, 15 and 17 survive termination.

13. Disclaimers

To the fullest extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory - including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free or secure, that stored content will never be lost or corrupted, or that AI output will be accurate or complete. Nothing in these Terms excludes liability that cannot lawfully be excluded.

14. Limitation of Liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost business, loss of goodwill, or loss or corruption of data, arising out of or relating to the Services - even if advised of the possibility.

Our total aggregate liability arising out of or relating to the Services or these Terms will not exceed the total amount you paid us for the Services in the twelve (12) months immediately before the event giving rise to the claim.

These limits apply to all claims, whether in contract, tort (including negligence), statute or otherwise, and reflect the allocation of risk between us at the prices charged.

15. Indemnity

You will defend, indemnify and hold us harmless from third-party claims, damages and reasonable costs arising from Your Content, from your publication of share links or portfolio pages, from your use of the Services in breach of these Terms or applicable law, or from your reliance on AI-generated output.

16. Changes to These Terms

We may update these Terms to reflect changes to the Services, our business, or legal requirements. We will post the updated Terms here and update the effective date, and for material changes we will give notice in the app or by email before they take effect. Continuing to use the Services after that date means you accept the revised Terms; if you do not, stop using the Services and cancel your subscription.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-law rules, and the courts of the State of California, United States have exclusive jurisdiction over any dispute arising out of or relating to them - except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. Nothing here removes any right you have to bring proceedings in your local courts where the law of your country of residence guarantees it.

Before starting formal proceedings, please contact us so we can try to resolve the issue directly.

18. General

These Terms, together with the Privacy Policy, are the entire agreement between us about the Services. If any provision is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.

19. Contact Us

Questions about these Terms? See our contact page or write to us at: