Legal
Terms of Service
Effective date: June 13, 2026 · Last updated: October 4, 2026
Welcome to Worth It? (“WIT”), a product of Worth It Software LLC, a Michigan limited liability company (“we,” “us,” or “our”). These Terms of Service (the “Terms”) govern your access to and use of the WIT website, application, and related services (collectively, the “Service”).
By creating an account, purchasing an analysis, subscribing to a WIT product, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
PLEASE READ SECTION 20 CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, WAIVES CLASS ACTIONS AND JURY TRIALS, AND EXPLAINS HOW YOU CAN OPT OUT.
1. The Service
WIT helps home buyers and homeowners turn home inspection reports into structured, actionable analyses, and (for Pro subscribers) into personalized ongoing guidance about the specific house. Current features include:
- Parsing inspection PDFs and extracting findings, images, and metadata
- Buyer decision tagging (Dealbreaker / Negotiable / I'll Handle / Monitor), sub-task tracking, cost estimates, and negotiation letter generation
- Surfacing your inspector's own per-section rating alongside ours, where the report encodes one
- AI-generated DIY guides at multiple skill levels, with materials, tools, safety notes, and per-step instructions
- Alternate approaches to a given repair, and a description of the work a licensed professional would perform where the repair is not suited to do-it-yourself
- Route eligibility suggestions (do it yourself, hand it to a handyman, call a contractor), which Pro subscribers may commit to or override
- Contractor Corner: questions to ask before hiring, and optional review of a quote you paste in
- Handyman Corner: a copyable scope of work you can send to someone doing the job for you
- The WIT Project Planner: a sequenced, day-bucketed plan built from findings you select and the time you say you have
- Product recommendations across your preferred retailers
- Collaborator sharing: inviting up to five people to comment on your findings
- For Pro subscribers: personalized DIY guidance that leans on your registered tool and material inventory; Cabin Mode substitution guidance for users far from a supply house; per-finding Notes that you may mark as AI context to inform subsequent guidance; continued access to all your analyses without per-analysis storage subscriptions
WIT is a software tool. WIT is not a home inspector, contractor, engineer, real estate agent, attorney, financial advisor, or insurance provider. WIT does not provide inspection, construction, legal, financial, or insurance services and is not a substitute for any of them.
2. Eligibility and Account
You must be at least 18 years old and able to enter into a binding contract to use the Service. You are responsible for keeping your account credentials secure and for all activity that occurs under your account.
3. Pricing, Payment, and Access
WIT operates on a base-plus-add-on model. The base product is a per-property analysis; the Pro subscription layers ongoing personalization on top of one or more analyses.
- Per-analysis (“Buyer Edition”): $29.95. One-time purchase of a single inspection analysis. Includes full access to that analysis for 30 calendar days from the date of purchase.
- Reactivation: $29.95. If your 30-day access window ends, you may reopen full access to that analysis at any time by paying $29.95 again — the same price as the original purchase, good for another 30 days. There is no separate recurring storage charge; your underlying data is retained, not deleted, while access is paused, subject to the retention schedule in Section 5. Applies per analysis unless you are subscribed to Pro.
- WIT Pro: $9/month. Recurring monthly subscription that includes continued access to all your analyses (no per-analysis reactivation charges), personalized DIY guidance informed by your registered tool and material inventory, Cabin Mode substitution guidance, per-finding Notes with the option to feed them to the AI as context, professional-scope descriptions for inspector findings the AI has flagged as expert-level (electrical, gas, structural, and similar), as described in Section 8, and multi-month To-Do List plans with per-task instructions, subject to Section 8. Additional Pro features may be added over time. WIT Pro renews automatically each month until you cancel. We charge the then-current monthly price to your payment method on file on the same day each month, and you can cancel at any time as described in Section 3.3.
3.1: The 30-day access window
Your initial 30-day access window begins on the date of purchase and ends at 11:59 PM Eastern Time on the 30th day. After this window, access to the analysis is paused unless you reactivate it (Section 3.2) or have an active Pro subscription.
3.2: Reactivating a lapsed analysis
Access can be paused and reopened as many times as you like. Each reactivation costs $29.95 and grants another 30 calendar days of full access, regardless of how long access was paused. There is no catch-up balance, no proration for elapsed time, and no cap on the number of times you may reactivate. The only limit is the data-retention schedule in Section 5, which governs how long your data remains available to be reactivated.
Pro subscribers do not need to reactivate individual analyses; an active Pro subscription keeps all your analyses accessible for as long as the subscription remains active.
3.3: Cancellation
You may cancel your Pro subscription at any time from your account settings or through Stripe's customer portal. Cancellation pauses Pro access at the end of your current paid period; you will not be billed again unless you resubscribe. Reactivation (Section 3.2) is a separate, one-time purchase, not a subscription, and is unaffected by this section. Data retention rules continue to apply (see Section 5).
3.4: Refunds
All payments are non-refundable except where required by applicable law. If you believe you have been charged in error, contact us at hello@iswit.app within 14 days of the charge and we will review the request in good faith.
3.5: Price changes
We may change prices for new purchases and new subscriptions at any time. Existing subscriptions will be honored at their current price for the current billing period, and we will provide at least thirty (30) days' notice of any price increase before it applies to your next renewal, and you may cancel before the new price takes effect.
3.6: Access codes
We may issue access codes to selected beta users, brokerages, real estate agents, home inspectors, or partners. Codes may grant a free or discounted analysis, may include a Pro trial period, may carry usage limits, and may expire on a date specified at the time of issuance. Codes are non-transferable and have no cash value.
4. Your Content and Personalization Data
As between you and WIT, you retain your rights in your inspection report and the data derived from it (findings, photos, notes, decisions, sub-tasks, cost entries, and any personalization data you provide). WIT does not claim ownership of your content. This section addresses rights as between you and WIT only — it does not itself grant you rights in a third party’s work (such as your inspector’s report) beyond what you already have, and by uploading a report you represent that you have the right to share it with us (see Section 14).
4.1: Inspection content
The original PDF you upload and the findings, photos, and metadata extracted from it are your content. We preserve the original verbatim language of your inspection report and do not paraphrase or summarize inspector findings.
4.2: Your inventory (Pro)
If you use the tool and material inventory features, the items you record (tools you own, spare parts, leftover materials, quantities, notes) are your content. You are responsible for the accuracy of these entries. Guidance the Service generates using this inventory data is only as accurate as the inventory you have provided.
4.3: Your Notes and AI-context flags (Pro)
Notes you add to individual findings (including notes you have marked as “Feed to AI”) are your content. You may mark a note as private (visible only to you) or shared (visible to invited collaborators). Only you, as the owner of an inspection, may mark a note as AI context. Notes flagged as AI context inform subsequent AI-generated content on the relevant finding.
4.4: Collaborator content
If you invite collaborators to an inspection, notes they add are attributed to them by their initials and are subject to the visibility rules above. You, as the analysis owner, retain full control over which notes are marked as AI context.
4.5: License to us
You grant us a limited, non-exclusive license to process, store, transmit, and display your content to provide the Service to you; to diagnose failures and evaluate the quality of the Service using the records described in Section 5.2, for the period described there; to use feedback you give us as described in Section 6; and to use de-identified, aggregated information about Service usage to operate, secure, and improve the Service. We do not use your content to train AI models.
5. Data Retention
We retain your inspection data whether or not your access is currently active. A paused access window does not mean your data is deleted — reactivating (Section 3.2) reopens it exactly as you left it.
If your access remains paused for twenty-three (23) consecutive months without reactivation or an active Pro subscription, we will email a warning notice to the address on file. If access is still paused after a full twenty-four (24) consecutive months, we permanently delete the photos and other file-based assets stored for that inspection. The inspection record itself, including the original inspector findings text, is retained afterward in an archived, non-interactive form for account-history and audit purposes for up to three (3) additional years, unless you delete your account sooner; it is not restored to full access, and deleted photos and files cannot be recovered.
Active subscribers, and any analysis within an active access window, are unaffected by this schedule.
Your personalization data (inventory, notes) is tied to your account and to the individual findings it relates to. Inventory persists for the life of your account. Notes persist for the life of the finding they are attached to; findings persist as long as the inspection they belong to is retained under this section.
You may request export or deletion of any of your data at any time by emailing hello@iswit.app. See Section 7 of our Privacy Policy for what a deletion request does and does not reach.
5.1: Raw inspection PDF
The original PDF file you uploaded is the most privacy-sensitive piece of data in your account (it contains your property address, the inspector's contact information, and the inspector's observations in full). As a data-minimization measure, we delete the raw PDF from our servers 90 days after upload, regardless of your access or subscription status.
After this point, your findings, decisions, sub-tasks, notes, cost estimates, inspector photos extracted into the analysis, and negotiation letters all remain available for as long as the inspection is retained under Section 5. You can re-upload the original PDF at any time if you need it again.
If you want a copy of your original PDF before it is shredded, you can download it any time from your account before day 90.
5.2: Model inputs and outputs
To operate the Service, we send the relevant parts of your content to third-party AI providers, and we record what was sent and what came back so that we can diagnose failures and evaluate whether changes to the Service actually improve its output. Depending on the feature, those records can contain your inspector's text, your Notes, your inventory, and anything you paste into Contractor Corner.
We empty the content out of those records 90 days after they are created, on the same clock as the raw inspection PDF in Section 5.1. What remains afterward is operational measurement: which feature ran, which model version answered it, how long it took, what it cost, and how you rated it. That measurement contains none of your content, and we keep it so that we can compare the quality of the Service over time.
5.3: Format telemetry
We record structural information about the inspection report formats we encounter: a fingerprint of the document's layout, counts of sections and findings, and whether the parse succeeded. This record contains no property address, no inspector identity, and no finding text.
It is deliberately not linked to your account, and it survives deletion of the inspection it came from. Its only purpose is telling us which report formats the Service handles poorly so that we can improve coverage. Because it is not linked to you, we cannot identify which entries came from your uploads. We maintain this information in de-identified form, do not attempt to re-identify it, and require anyone who receives it from us to do the same.
6. AI-Generated Content
WIT uses artificial intelligence to generate several categories of content within your analysis:
- DIY guides: skill-level rating, tools list, materials list, step-by-step instructions, safety notes, professional-help recommendation
- Cabin Mode substitution suggestions (see Section 7)
- Product-search recommendations for retailers you have selected
- Cost-estimate ranges at the finding and sub-task level
- Negotiation letter drafts in a tone of your choosing
- Multi-month To-Do List plans and WIT Project Planner output (see Section 11)
- Route eligibility suggestions (see Section 9)
- Contractor Corner and Handyman Corner content (see Section 10)
- Alternate approaches to a repair, and descriptions of the scope a licensed professional would perform
- Content informed by any Notes you have marked as AI context (Pro)
- Content informed by your registered tool and material inventory (Pro)
AI-generated content is provided for informational purposes only. It is not professional advice, may be incomplete or inaccurate, and should not be relied upon as the sole basis for repair, purchase, negotiation, insurance, tax, or other decisions. You are responsible for verifying any AI-generated content against manufacturer instructions, local building code, professional advice, and current pricing before acting on it.
When AI-generated content is influenced by data you have provided (inventory entries, Notes you have flagged as AI context), the accuracy of that content is bounded by the accuracy of the data you provided. If your inventory or notes are inaccurate, outdated, or incomplete, the AI-generated content produced from them may be as well. Keeping your personalization data current is your responsibility.
Feedback you give us. You may rate any AI-generated content and optionally explain your rating in your own words. We retain those ratings and explanations to evaluate and improve the Service, and an explanation you write may be used to inform guidance generated for you later. Write them as if we will read them, because we will. Please do not include sensitive personal information in them.
7. Cabin Mode Substitution Guidance
Cabin Mode is an optional generation mode intended for users who live at meaningful distance from a hardware or supply house. When Cabin Mode is enabled, the AI is instructed to prefer tools and materials you already have (from your registered inventory), to suggest workable substitutes when the ideal part is not readily available, and to batch trip-planning across multiple findings.
Substitution suggestions are alternatives, not recommendations. Each substitution provided by the Service includes a plain-language tradeoff (for example: “this bond runs about 80% as strong as the primed version”). You are responsible for weighing the tradeoff against the requirements of your specific application.
Cabin Mode does not substitute for safety-critical materials. Substitution suggestions are designed to be automatically excluded from findings the Service classifies as involving any of the categories listed in Section 8 (structural, electrical panel-level, gas, pressure-rated plumbing, and so on). On safety-critical work, the Service is designed to direct you to the correct part and to a licensed professional.
By enabling Cabin Mode you acknowledge that you are the one deciding whether to accept a suggested substitution, and that WIT is not responsible for outcomes resulting from your choice to accept a substitute. If a substitute suggestion is not appropriate for your situation, do not use it.
8. Issues Requiring Professional Help
WIT is not a substitute for licensed professionals. The following categories of issues always require professional assessment and remediation. Do not attempt to address them based on WIT content alone:
- Mold, mildew, and indoor air quality concerns
- Asbestos and asbestos-containing materials
- Lead paint, lead pipes, and lead soil contamination
- Natural gas lines, gas appliances, and propane systems
- Sewer mains and septic systems
- Electrical work beyond minor fixture replacement (panel-level work, service entrance, meter base, grounding electrode, aluminum wiring, knob-and-tube)
- Structural concerns including load-bearing walls, foundations, headers, trusses, and roof structure
- Flue, chimney liner, combustion air, and any work implicating carbon monoxide risk
- Pressure-rated plumbing and main water lines
- Any work requiring a permit in your jurisdiction
If your inspection report flags any of these categories, consult a licensed professional in your area before taking action. WIT DIY content and Cabin Mode substitution logic are designed to exclude these categories from step-by-step instructions and substitution suggestions. That depends on automated classification, which can miss or misclassify a finding, and WIT cannot tell which work requires a permit where you live (see Section 9). If any WIT content appears to give do-it-yourself instructions for work in these categories, do not follow it.
When the AI classifies a finding at the expert (“call-a-professional”) skill level, and you view that finding as a Pro subscriber, the content shown describes the scope of work a licensed professional would perform, so that you can have an informed conversation with the professional you hire. It is not intended as a do-it-yourself guide for that work.
8.1: Double-confirmation gate on expert-level content
Any AI-generated content the Service classifies at the expert (“call-a-professional”) skill level is placed behind an in-product safety gate before it can be viewed. The gate:
- Displays a prominent warning describing the specific class of risk (electrical, gas, structural, and so on) and states that WIT is not a licensed contractor.
- Presents “Verify a licensed pro in [Your State]” as the primary call to action. This button links directly to your state's contractor licensing board, or, where a state-specific board URL is not available, to the NASCLA national picker.
- Offers a secondary “I understand the risk” option. Selecting it opens a further confirmation modal that requires the user to explicitly acknowledge, in a second click, that WIT is not a licensed contractor, that the content is informational only, that the user assumes all risk, and that a licensed professional is the recommended path.
- Re-fires on every view. There is no session-level or item-level memoization of the acknowledgment; every time you open the expert-level content for a finding, you must complete the two-step acknowledgment again.
The state licensing board lookup is a free public service. WIT has no financial relationship with any contractor, referral service, or licensing body, and does not receive commissions or referral fees when a user follows this link.
8.2: Automatic AI exclusions for safety-critical categories
The AI generation pipeline itself excludes step-by-step DIY instructions and Cabin Mode substitution suggestions for findings in the categories enumerated above. This exclusion is applied through the instructions given to the AI model, not merely at the display layer, and is subject to Section 8.5. The AI-generated content for these categories describes what a professional would do (scope of work, questions to ask a contractor, materials to expect, safety notes) rather than instructions for the user to attempt the work.
8.3: Auto-flagging in multi-task plans
When the Service generates a Project Planner plan, any task that falls within the categories in Section 8 is included in the plan like any other task, but is automatically marked as requiring a licensed professional, and its materials and tools lists are cleared and replaced with guidance on hiring and preparing for that professional. This flagging is enforced automatically at generation time, applies regardless of any route you separately commit to for that finding, and is not opt-in. Step-by-step DIY instructions for these tasks are also suppressed, enforced automatically at generation time the same way the licensed-professional designation and the materials/tools clearing are.
8.4: Preservation of original inspector language
The Service preserves the verbatim language of your original inspection report for every finding. We do not paraphrase, summarize, or rewrite an inspector's observations. Any interpretation the AI adds is displayed alongside the inspector's original words, not in place of them.
8.5: How these safeguards work
The safeguards in this Section 8 describe how the Service is designed to work. They depend on automated classification of your inspector's wording and on AI output, both of which can be wrong. They are not a promise that every finding will be classified correctly or that every safety-critical finding will be flagged, and we may change how they work over time. Your responsibility to consult a licensed professional for the categories listed in this Section 8 does not depend on whether WIT flagged a finding.
9. Route Eligibility Suggestions
For each finding, WIT may suggest one or more routes for getting the work done: doing it yourself, handing it to a handyman, or calling a licensed contractor. These suggestions are generated by an automated classifier reading your inspector's wording. They are WIT's guess and nothing more.
A route suggestion is not a determination that a given repair is legal for you to perform, that it does or does not require a permit, that it does or does not require a licensed professional in your jurisdiction, or that it is within your ability. Permit thresholds, licensing rules, and what a homeowner may lawfully do on their own property vary by state, county, and municipality, and they change. Confirming the requirements that apply where your property is located is your responsibility.
Pro subscribers may commit to a route, including a route WIT did not suggest. Committing to a route is your decision and does not transfer responsibility for that decision to us. Overriding a “call a contractor” suggestion does not remove the limits described in Section 8, which continue to apply.
Where WIT has not classified a finding, no route is shown. The absence of a suggestion is not itself a suggestion.
10. Contractor Corner and Handyman Corner
10.1: Contractor Corner
For Pro subscribers, WIT generates questions to ask a contractor, a description of the scope a fair quote should cover, expected material grades, ballpark cost ranges, and common red flags. You may also paste the text of a quote, estimate, or contractor response you have actually received. When you do, WIT compares it against the scope, materials, timeline, and cost range it generated for that finding, gives you an overall read ranging from a strong match to a recommendation to walk away, calls out specific things the response gets right and specific things that read as red flags, and suggests follow-up questions to ask if the response leaves gaps.
This content is informational and is generated by an AI model comparing text you provide against WIT's own AI-generated estimate for the same finding. It is an automated comparison, not a legal review of a contract, an appraisal, or a professional evaluation of any bid. It is not an opinion on whether any contractor is qualified, licensed, or trustworthy, or whether any price or proposal is lawful. The overall read and any red flags reflect only how the text you pasted compares to WIT's own estimate, which can itself be wrong. For work in the categories listed in Section 8, the comparison does not assess whether the proposed work meets code, permit, or safety requirements, and a strong match means only that the quote resembles WIT's estimate. Cost ranges are estimates; they are not quotes, offers, or price guarantees. WIT has no relationship with any contractor you may be considering, does not vet, endorse, or recommend any specific contractor, and receives no compensation in connection with any contractor you hire.
10.2: Quotes and other material you paste in
If you paste a quote, estimate, proposal, invoice, or similar document into Contractor Corner, you represent that you have the right to share it with us for this purpose. That text is transmitted to our AI providers and retained as described in Section 5.2 and in our Privacy Policy.
Please do not paste material you are contractually barred from disclosing, and do not paste bank account numbers, payment card numbers, government identification numbers, or other sensitive personal information belonging to you or to anyone else. WIT does not need that information to do its job and asks you not to provide it. Where you can, remove the contractor's personal phone number, email address, and home address before pasting. We use pasted material only to generate the response you asked for and as described in Section 5.2.
10.3: Handyman Corner
WIT can generate a scope of work you can copy and send to a handyman, contractor, or anyone else performing the job for you. That document is a convenience for describing work. It is not a contract, not a proposal, and not a specification prepared by a licensed professional, and it does not create any agreement between you and the person who receives it. You are responsible for what you send and for the terms on which you engage anyone. The limits in Section 8 apply to Handyman Corner content on the same basis as to DIY content.
11. The WIT Project Planner
For Pro subscribers, WIT can assemble findings you select into a sequenced, day-bucketed plan based on the amount of time you tell it you have. The sequence, the groupings, the time estimates, and the ordering rationale are all AI-generated, and all of them are suggestions.
Time estimates are estimates. Actual duration depends on the condition of your house, your experience, tool availability, material lead times, weather, inspection and permit scheduling, and conditions nobody can see until the work is opened up. We do not guarantee that a plan can be completed in the time shown, in the order shown, or at all.
Sequencing is not an engineering judgment. Where a plan orders one task ahead of another, that ordering reflects general practice and the model's reading of your findings, not a structural, mechanical, or code analysis of your specific property.
Tasks falling within the categories in Section 8 remain flagged inside a plan and remain subject to the limits in that section. A task's presence in a plan is never an indication that it is safe for you to perform.
You may add your own projects to a plan, including work your inspector never examined. WIT has no information about that work beyond what you provide, and makes no assessment of it.
12. Third-Party External Resources
The Service may include recommended links to third-party resources including video tutorials, manufacturer install guides, publication articles, and community discussion forums. These are provided for your convenience and reference.
WIT does not verify, endorse, warrant, or take responsibility for third-party content or the accuracy, safety, or suitability of any advice provided by third parties. You should independently evaluate any third-party guidance you follow.
13. Affiliate Disclosure
WIT may include product recommendation links to retailers including but not limited to Amazon, Home Depot, Lowe's, Walmart, Ace Hardware, Menards, and Tractor Supply. These links may include affiliate identifiers, and when you make a qualifying purchase through them, WIT may receive a commission at no additional cost to you. As an Amazon Associate, WIT earns from qualifying purchases. We also disclose this next to affiliate links within the Service, and we do not show product recommendations on findings in the categories listed in Section 8. Whether a link earns us a commission does not affect the safety guidance, skill-level rating, or route suggestion shown for a finding.
Product availability, pricing, descriptions, and quality are determined by the retailer. WIT does not endorse, warrant, or take responsibility for products sold by third-party retailers.
14. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose
- Upload content you do not have the right to share
- Attempt to reverse-engineer, scrape, probe, or bypass any security or billing mechanism of the Service
- Use the Service to generate content for resale or commercial republication without prior written consent
- Share your account credentials, or use a single account on behalf of multiple unrelated parties
- Use inventory, Notes, or other personalization features in ways intended to mislead or defraud any third party (including insurers, buyers, or tax authorities) with respect to work performed on a property
Real estate professionals and brokerages: agent use of the consumer product on behalf of an individual client is permitted. Bulk use across multiple unrelated buyers requires a separate brokerage agreement; please contact us at hello@iswit.app.
15. Intellectual Property
The Service, including the WIT website, application, brand, name, logo, and all software, copy, designs, and features, is owned by Worth It Software LLC and is protected by intellectual property law. You may not copy, modify, distribute, or create derivative works of the Service without our prior written consent.
16. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT: (a) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE FROM UNAUTHORIZED ACCESS; (b) ANY ANALYSIS OR AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR CURRENT; (c) ANY DIY GUIDE OR SUBSTITUTION SUGGESTION WILL BE APPROPRIATE FOR YOUR SPECIFIC SITUATION OR JURISDICTION; (d) ANY COST ESTIMATE WILL REFLECT ACTUAL LOCAL PRICING; OR (e) ANY THIRD-PARTY RESOURCE LINKED FROM THE SERVICE WILL BE ACCURATE OR SAFE.
YOU ACKNOWLEDGE THAT: (a) THE ACCURACY OF PERSONALIZED CONTENT DEPENDS ON THE ACCURACY OF THE INVENTORY AND NOTES YOU HAVE PROVIDED; (b) SUBSTITUTION SUGGESTIONS ARE ALTERNATIVES, NOT RECOMMENDATIONS, AND YOU ARE RESPONSIBLE FOR EVALUATING THEIR SUITABILITY; (c) YOU ARE THE PARTY DECIDING WHETHER TO ACT ON ANY AI-GENERATED CONTENT; AND (d) FOR THE CATEGORIES OF WORK LISTED IN SECTION 8, YOU MUST CONSULT A LICENSED PROFESSIONAL.
Some jurisdictions do not allow the disclaimer of certain warranties; in those jurisdictions, the above disclaimers apply to the maximum extent permitted by applicable law.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORTH IT SOFTWARE LLC AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR PROPERTY VALUE, ARISING OUT OF OR RELATED TO: (a) YOUR USE OF THE SERVICE; (b) ANY DIY WORK YOU UNDERTAKE, WHETHER OR NOT INFORMED BY THE SERVICE; (c) ANY REPAIR, INSTALLATION, OR SUBSTITUTION YOU MAKE, WHETHER OR NOT SUGGESTED BY THE SERVICE; (d) ANY NEGOTIATION OUTCOME, PURCHASE DECISION, OR CONTRACT ENTERED INTO IN CONNECTION WITH A PROPERTY; (e) ANY THIRD-PARTY CONTENT OR RESOURCE LINKED FROM THE SERVICE; OR (f) ANY INJURY OR PROPERTY DAMAGE RESULTING FROM WORK PERFORMED IN RELIANCE ON AI-GENERATED CONTENT.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (b) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages; in those jurisdictions, the above limitations apply to the maximum extent permitted by applicable law. Nothing in these Terms limits our liability for fraud, gross negligence, or willful misconduct, or any liability that cannot be limited under applicable law.
18. Indemnification
You agree to indemnify, defend, and hold harmless Worth It Software LLC and its affiliates, members, officers, employees, and agents from any third-party claims, and any resulting damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your misuse of the Service in violation of Section 14; (b) your breach of these Terms; (c) your content, including inventory entries and Notes; (d) any work you or a person you engage performs on any property in reliance on the Service; (e) any injury or property damage arising from that work; or (f) your violation of any law or the rights of any third party. This Section 18 does not apply to the extent a claim results from our own negligence or willful misconduct.
19. Changes to These Terms
We may update these Terms from time to time. When we do, we will update the “Last updated” date at the top of this page. For material changes, we will provide reasonable notice by email or in-app notice before the change takes effect.
Continued use of the Service after a change to the Terms constitutes acceptance of the updated Terms. A material change to Section 20 will not apply to any dispute of which either of us had notice before the change takes effect, and you may reject that change by sending an opt-out notice under Section 20.5 within thirty (30) days after we notify you of it.
20. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH US, LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF, AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU HAVE THE RIGHT TO OPT OUT OF THIS SECTION AS DESCRIBED IN SECTION 20.5 BELOW.
20.1: Informal resolution first
Before initiating any formal proceeding, you and Worth It Software LLC agree to try to resolve any dispute informally by contacting us at hello@iswit.app with a description of the claim and the relief you are seeking. We will make a good-faith effort to resolve the dispute within thirty (30) days of receiving your notice. Your notice must include your name, the email address on your account, and a description of your individual claim, and must be signed by you personally (not only by a lawyer). If we have a dispute with you, we will send the same kind of notice to the email address on your account. Neither of us may start an arbitration or court case until thirty (30) days after the notice is received, and any statute of limitations is paused during that period.
20.2: Binding arbitration
Except as set forth in Section 20.4 (Exceptions), any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved through final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (for individual claims of $250,000 or less) or its Comprehensive Arbitration Rules (for larger claims), as applicable at the time the arbitration is commenced. The arbitration will be conducted in the county where you reside, or, at your election, by telephone or video conference. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. This Section 20 is governed by the Federal Arbitration Act. For consumer claims, the arbitration will follow the JAMS Consumer Arbitration Minimum Standards, and where those standards conflict with this Section 20, the standards control. The arbitrator decides all disputes about the scope, enforceability, and interpretation of this Section 20, except that a court decides disputes about Sections 20.3, 20.7, and 20.9. YOU AND WE ARE EACH WAIVING THE RIGHT TO A JURY TRIAL.
20.3: Class action waiver
YOU AND WORTH IT SOFTWARE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless we both agree in writing, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of representative or class proceeding. The arbitrator may award relief only in favor of the individual party seeking it and only to the extent needed for that party's individual claim. There will be no class or collective arbitration. Any claim for public injunctive relief that applicable law does not allow to be waived will be severed and decided by a court under Section 21 after the individual claims are arbitrated.
20.4: Exceptions
Notwithstanding Sections 20.2 and 20.3:
- Either party may bring an individual action in a small-claims court for disputes within that court's jurisdiction.
- Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent infringement of intellectual property rights or misuse of confidential information.
- If applicable law prohibits enforcement of any part of this Section 20 with respect to a particular claim, that claim may proceed in court, but all other claims will proceed in arbitration.
20.5: Right to opt out
You may opt out of this arbitration agreement by sending written notice to hello@iswit.app within thirty (30) days of first accepting these Terms. Your notice must include your name, the email address on your account, and a clear statement that you wish to opt out of arbitration. If you opt out in the manner described here, the class action waiver in Section 20.3 also does not apply to you, and neither does the arbitration requirement in Section 20.2; disputes will instead be resolved as described in Section 21 (Governing Law). Opting out does not affect any other portion of these Terms.
20.6: Fees
For consumer claims, your share of filing, administration, and arbitrator fees will not exceed the filing fee permitted under the JAMS Consumer Arbitration Minimum Standards, and we will pay the rest. If the arbitrator finds your claim frivolous or brought for an improper purpose, fees will be allocated as the JAMS rules and applicable law allow. Each party pays its own attorneys' fees unless applicable law or the arbitrator's award provides otherwise.
20.7: Severability
If the class action waiver in Section 20.3 is found unenforceable with respect to a particular claim or type of relief, that claim or relief may be severed and pursued in court in accordance with Section 21, but the remaining claims will proceed in arbitration.
20.8: Survival
This Section 20 survives termination of these Terms and of your account.
20.9: Coordinated filings
If twenty-five (25) or more similar arbitration demands are filed against us by or with the help of the same or coordinated counsel, they will be administered under the JAMS Mass Arbitration Procedures and Guidelines then in effect and may be administered in batches of up to twenty-five (25) demands, with one arbitrator per batch. Any statute of limitations for a claim held for a later batch is paused until that batch is administered. This Section 20.9 does not limit your right to bring an individual claim in small-claims court.
21. Governing Law and Venue
These Terms are governed by the laws of the State of Michigan, United States, without regard to its conflict-of-laws principles, except where the mandatory consumer protection laws of your state of residence provide otherwise. Subject to Section 20 (Dispute Resolution), any dispute arising out of or related to these Terms or the Service that is not required to be resolved in arbitration shall be resolved in the state or federal courts located in Michigan, and you consent to the personal jurisdiction of those courts.
Nothing in this section deprives you of the protection of any mandatory consumer protection law of your state of residence, or of your right to bring an individual action in small-claims court in your local jurisdiction as described in Section 20.4.
22. Contact
If you have questions about these Terms, please contact us:
Email: hello@iswit.app
Worth It Software LLC
A Michigan Software Company
46906 Grasmere Rd, Northville, MI 48167
California users: under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
23. Suspension, Termination, and General Terms
We may suspend or end your access to the Service if you materially breach these Terms, if the law requires it, or if we stop offering the Service. If we end the Service or your access for a reason other than your breach, we will refund any prepaid Pro fees for the unused part of the current billing period and give you a reasonable opportunity to export your data. Sections 4, 5, and 15 through 23 survive any termination.
These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Service. If any provision is found unenforceable, the rest remains in effect, subject to Section 20.7. 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. Neither party is liable for delays caused by events beyond its reasonable control.