Platform Terms and iPad App EULA

Effective date: July 25, 2026 Last updated: July 25, 2026

These Pivorta Platform Terms and iPad App End User License Agreement (“Terms”) are an agreement between PIVORTA LLC, a Kentucky limited liability company (“Pivorta,” “we,” “us”), and the company or person accepting them (“Customer,” “you”). They govern access to Pivorta’s websites, hosted software, APIs if made available, iPad application and Design Studio, and related support (collectively, the “Service”).

By clicking an acceptance control, placing an order, starting a subscription, installing/using the iPad app for your organization, or authorizing another person to do so, Customer accepts these Terms. The individual accepting represents that they are authorized to bind Customer. If no organization is identified, that individual accepts personally. These Terms do not make Pivorta a party to a Customer’s contract with a homeowner, property owner, subcontractor, supplier, or other third party.

1. Service; accounts; authorized users

Pivorta provides software that can help remodeling professionals manage project information, photos, selected products, visual design directions, estimates, quotes, proposals, presentations, documents, schedules, and approval/signature workflows. The Service may vary by plan and may change as described below.

Customer is responsible for: (a) each account and Authorized User it invites or permits to use the Service; (b) keeping credentials confidential and preventing shared credentials; (c) its project, catalog, price, estimate, and contract settings; and (d) all use of the Service under its accounts. Customer must promptly disable a user who is no longer authorized. Pivorta may limit accounts, seats, storage, AI credits, templates, or features according to the applicable plan or order form.

Customer may use the iPad app only on Apple-branded hardware it owns or controls and only as permitted by Apple’s Usage Rules. Apple is not a party to these Terms and has no obligation to provide maintenance or support for the app. To the maximum extent permitted by law, Apple has no warranty obligation for the app; any applicable product claim is between Customer and Pivorta. Apple and its subsidiaries are third-party beneficiaries of this paragraph and may enforce it.

2. Customer Content and limited license

“Customer Content” means information, photographs, videos, plans, marks, documents, pricing, customer/contact/property information, prompts, selections, and other material submitted to or generated from Customer’s use of the Service, excluding Pivorta’s software and documentation.

Customer retains its rights in Customer Content. Customer grants Pivorta and its subprocessors a non-exclusive, worldwide, royalty-free license, solely during the applicable service period and for documented retention/backup periods, to host, copy, transmit, display, format, process, back up, and otherwise use Customer Content only as reasonably necessary to operate, secure, support, improve the functionality of, and provide the Service to Customer and as required by law. Pivorta will not use Customer Content to train Pivorta models or permit a third-party AI provider to use it for model training unless Customer affirmatively opts in through a separately presented control or agreement that identifies the data, purpose, recipients, and withdrawal process.

Customer represents and warrants that it has all rights, notices, permissions, and legal bases necessary for Customer, Pivorta, and Pivorta’s subprocessors to process Customer Content under these Terms, including permissions from homeowners and other people depicted in photos or whose information Customer submits. Customer will not upload content that it is not authorized to use or content that violates applicable law, privacy, publicity, contractual, intellectual-property, or confidentiality rights.

3. AI, visualizations, and professional responsibility

The Service may generate or edit images, text, selections, scopes, estimates, or recommendations using automated and AI systems. AI Outputs are probabilistic, may be incomplete, inaccurate, unrealistic, unavailable, or unsuitable, and may not uniquely identify all changes or existing conditions. A generated or edited image is a conceptual visualization, not an as-built drawing, measurement, survey, architectural plan, engineering plan, code analysis, safety analysis, product specification, warranty, permit approval, or promise of construction outcome.

Customer—not Pivorta—is responsible for independently verifying all dimensions, structural conditions, site conditions, quantities, pricing, taxes, product availability, lead times, labor, materials, permits, codes, zoning, inspections, engineering, accessibility, safety, warranties, and project requirements. Pivorta is not the contractor, architect, engineer, designer of record, supplier, inspector, estimator of record, or an agent of Customer or its customer.

Customer must not use the Service or AI Outputs to: (a) make a deceptive representation; (b) impersonate a person or misrepresent a photo as an actual completed project; (c) create unlawful, infringing, or privacy-invasive content; (d) make a decision requiring licensed professional judgment without qualified review; (e) remove safety features or conceal material property conditions; or (f) process sensitive personal data except as separately agreed and lawfully authorized. Customer must give each homeowner or recipient the applicable disclosure in the Customer Disclosures document before presenting AI Outputs, estimates, or a signature request.

Subject to these Terms and third-party provider terms, Customer may use AI Outputs in its business. Pivorta does not represent that Customer will obtain copyright or other exclusive rights in any AI Output, that an Output is non-infringing, or that an Output is available for any particular use.

4. Quotes, proposals, and e-signature workflows

Pivorta may help Customer create a preliminary estimate, quote, scope, proposal, document, or presentation. Their legal status depends on the content, the parties, applicable law, and the applicable acceptance process:

• A conceptual visualization is not a construction commitment.
• A preliminary estimate is an indicative calculation and is not an offer unless Customer clearly labels and makes it one.
• A formal quote, scope of work, or customer proposal becomes binding only if the contractor and customer intend it to be binding and the document, parties, and acceptance process satisfy applicable law.
• An electronic approval can record review or selection and is not automatically a contract signature.
• An electronic signature is governed by the separate Electronic Signature and Records Consent and the provider’s signing ceremony.

Customer controls its template content and is solely responsible for its legality, accuracy, licensing, required notices, consumer cancellation rights, deposits, change orders, permits, warranties, and enforceability. Before sending a document for signature, Customer must confirm the parties, final document version, price, scope, and required notices. Pivorta does not review or approve Customer templates or become a contracting party merely by generating, hosting, transmitting, or recording a document.

5. Fees, billing, renewal, and cancellation

Fees, billing interval, included features, seat/usage limits, taxes, and any order-specific terms are in the checkout screen, order form, or applicable Billing Policy. Paid subscriptions automatically renew for successive billing periods unless cancelled before the renewal date shown in the billing portal or order form. Customer authorizes Pivorta and its payment provider to charge the payment method for recurring fees, applicable taxes, and properly authorized additional charges.

Subscriptions renew automatically unless cancelled before the end of the billing period. Cancellations stop future renewal charges and take effect at the end of the current paid billing cycle. Fees are non-refundable except where required by law. If payment fails, a 7-day grace period is provided before feature access is restricted. Unused recurring AI credits expire at the end of each billing cycle.

Pivorta may suspend access for nonpayment, unauthorized use, material security risk, or violation of these Terms after commercially reasonable notice where practicable. Suspension does not waive fees. Customer remains responsible for charges incurred before a cancellation takes effect. Enterprise terms in an executed order form control over this section to the extent of a conflict.

6. Acceptable use; restrictions

Customer will comply with the Acceptable Use and IP Policy. Customer may not reverse engineer, copy, modify, lease, sell, sublicense, circumvent plan limits or security, probe for vulnerabilities without written authorization, use the Service to build a competing service, interfere with others, or permit unauthorized access. Customer may not use Pivorta branding except as allowed in writing.

7. Privacy and security

The Privacy Notice describes Pivorta’s processing of personal information as an independent controller for its website/account administration and, where Pivorta processes Customer Content for Customer, as a service provider/processor subject to the DPA if executed. Pivorta will maintain administrative, technical, and organizational safeguards appropriate to the nature of the Service, but does not promise that the Service will be uninterrupted or error-free or that all data loss or unauthorized access can be prevented.

8. Confidentiality

Each party may receive the other’s non-public information (“Confidential Information”). The receiving party will use it only to perform or receive the Service and will protect it using reasonable care, no less than it uses for its own similar information. Confidential Information excludes information independently developed without use of the other party’s information, lawfully received without duty, publicly available without breach, or required to be disclosed by law after legally permitted notice. Customer Content is Customer Confidential Information; Pivorta’s non-public software, pricing, and security information are Pivorta Confidential Information.

9. Intellectual property; feedback; infringement complaints

Pivorta and its licensors own the Service, documentation, and Pivorta-provided materials. No rights are granted except the limited right to access the Service during the subscription term. If Customer gives feedback, Pivorta may use it without restriction or compensation, provided it does not identify Customer or disclose Customer Confidential Information.

Pivorta responds to qualifying copyright complaints as stated in the Acceptable Use and IP Policy. Customer will not use a complaint process in bad faith.

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, AI OUTPUTS, THIRD-PARTY SERVICES, AND ALL INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PIVORTA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. PIVORTA DOES NOT WARRANT THAT ANY OUTPUT, ESTIMATE, PRICE, MATERIAL, MEASUREMENT, DESIGN, SIGNATURE, OR PROJECT DOCUMENT IS COMPLETE, ACCURATE, LEGALLY ENFORCEABLE, SAFE, CODE-COMPLIANT, AVAILABLE, OR FIT FOR CONSTRUCTION. Some jurisdictions do not permit certain exclusions, so those exclusions apply only to the extent permitted.

11. Indemnity

Customer will defend, indemnify, and hold harmless Pivorta and its affiliates, officers, employees, and suppliers from third-party claims and related losses arising from: (a) Customer Content; (b) Customer’s or its Authorized Users’ use of the Service or AI Outputs in breach of these Terms or law; (c) Customer’s products, services, estimates, construction, contracts, or representations to homeowners; or (d) a dispute between Customer and a homeowner or other third party. Pivorta will promptly notify Customer and allow Customer control of the defense; Customer may not settle a claim imposing liability or admission on Pivorta without consent.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. PIVORTA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

13. Termination; data return and deletion

These Terms continue while Customer accesses the Service or has an active order. Either party may terminate for material breach not cured within 30 days after written notice, unless a longer order-form term applies. On termination, Customer’s access ends; Customer should export available data before the end date. Pivorta will handle Customer Content according to the approved retention schedule, backups, legal holds, and the DPA, if applicable. Pivorta may retain limited records as required by law, for dispute resolution, security, fraud prevention, and accounting.

14. Changes; notices

Pivorta may modify the Service and these Terms. For a material change, Pivorta will provide notice through the Service, by email to the account owner, or both, at least 30 days before effectiveness unless a shorter period is required for law, security, or a third-party change. Continued use after the effective date means acceptance only where legally permitted; Pivorta will require renewed clickwrap for material changes that affect payment, data use, dispute resolution, or other terms requiring explicit assent.

15. General

These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict of law rules. Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in Jefferson County, Kentucky. Neither party may assign these Terms without the other’s consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets, provided the assignee accepts these Terms. Pivorta may use subcontractors but remains responsible for their performance to the extent required by law or agreement. Neither party is liable for delay caused by events beyond reasonable control, except payment obligations. These Terms, incorporated policies, and an applicable order form are the entire agreement and supersede prior discussions on their subject matter. If one provision is unenforceable, the rest remains effective. A claim must be brought within one year after it arises. Notices to Pivorta must be sent to support@pivorta.com or PIVORTA LLC, 307 Shallowford Pl, Louisville, KY 40245.

Contact

Questions: support@pivorta.com Legal notices: legal@pivorta.com · PIVORTA LLC, 307 Shallowford Pl, Louisville, KY 40245 Privacy requests: privacy@pivorta.com