Terms Of Use

I. Acceptance Of Terms

“You” or “User” means anyone who visits or uses the Services, including homeowners, contractors, evaluators, lenders, insurers, government or program administrators, and their employees or agents. By accessing or using the Services in any manner (including via embedded experiences on partner sites or through phone, email, or SMS workflows initiated by the Services), you agree to these Terms and any posted guidelines referenced herein.

If you do not agree to all Terms, do not access or use the Services.

II. Modifications To This Agreement

We may change these Terms at any time. Changes are effective when posted. Your continued use of the Services after changes post constitutes acceptance. The most current version is available via the “Terms Of Use” link in our footer or within our apps.

III. Description Of Services; Limitations

Our Services may include: calculators and estimators; assessment forms and intake flows; proposal or quote solicitation; dashboards and reports; educational content; program and incentive discovery; referral and marketplace tools connecting you with third-party contractors, evaluators, lenders, insurers, and public programs (“Channel Partners”); and communications via web, email, SMS, or app notifications. Content may include text, data, graphics, images, software, audio/video, and other materials (“Content”).

• No professional, legal, tax, or insurance advice. Outputs are informational and may rely on your inputs and third-party data. You are responsible for verifying fitness for your use case.
• No offer or guarantee. Listings, estimates, or eligibility signals are not offers, commitments, or approvals by Zephyr or partners. Availability varies by location and partner criteria.
• Beta Features. We may label features as alpha/beta/preview; they may be incomplete or change without notice.
• Service Changes. We may modify, suspend, or discontinue any part of the Services without liability.

IV. Requests For Information And Services

If you submit a request for quotes, assessments, eligibility checks, or referrals (“Submitted Request”), you authorize Zephyr and applicable Channel Partners to contact you via the contact methods you provide (including phone/SMS—even if your number is on a Do Not Call list), email, mail, app notifications, or embedded messaging, to deliver information and proposals. You may withdraw consent per message instructions or by contacting us.

V. Registration Requirements

To use certain features you must create an account, provide accurate and current information, and safeguard your credentials. You may not impersonate others, misrepresent affiliation, or use offensive usernames. You are responsible for all activity under your account.

VI. User-Provided Content

You are solely responsible for content you submit or upload (e.g., text, photos, documents, estimates, reviews, messages) (“User Content”). User Content may be visible to Zephyr, partners involved in your request, and where applicable, other users (e.g., forums or reviews). Zephyr is not obligated to pre-screen or monitor, and makes no guarantees regarding accuracy or completeness of User Content.

VII. Rights To User-Provided Content

You grant Zephyr a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, use, reproduce, distribute, display, perform, adapt, and create derivative works from User Content as necessary to operate, improve, and promote the Services; fulfill Submitted Requests; and as otherwise described in our Privacy Policy. You represent you have all rights necessary to grant this license and that your User Content does not infringe others’ rights.

VIII. DMCA Compliance; Designated Agent

Zephyr respects intellectual property rights and will respond to properly formatted DMCA notices. To report alleged infringement, contact our designated agent at legal@zephyrresilience.com with the information required by 17 U.S.C. §512(c)(3).

IX. Third-Party Content, Websites, Transactions, And Services

The Services may link to or embed third-party content, sites, tools, or offers (including Channel Partners). Zephyr is not responsible for, does not endorse, and makes no warranties regarding third-party properties, products, or services. Your dealings with third parties are solely between you and them. Zephyr may receive compensation from Channel Partners for referrals or opportunities; we do not charge homeowners for using the marketing site.

X. Conduct

• Do not use the Services for unlawful, harmful, deceptive, or abusive purposes, or to infringe others’ rights.
• Do not upload content that is defamatory, obscene, hateful, or violates privacy or IP rights.
• Do not attempt to scrape, crawl, reverse engineer, or bypass security; automated access requires our prior written consent (except publicly documented feeds or exports we provide).
• Do not advertise or solicit users without express written permission from Zephyr and the user’s consent where required.

XI. Privacy Policy

See our Privacy Policy to learn how we collect, use, share, and protect information. By using the Services, you acknowledge the Privacy Policy.

XII. Copyright, Trademark, And Service Mark Notices

© 2025 Zephyr Resilience LLC and/or its licensors. All rights reserved. “Zephyr Resilience,” our logos, and marks are trademarks of Zephyr. Third-party names and marks are the property of their respective owners. No rights are granted except as expressly set forth in these Terms.

XIII. Disclaimers And Liability

THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ZEPHYR AND ITS SUPPLIERS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ZEPHYR DOES NOT WARRANT THAT ESTIMATES, ELIGIBILITY SIGNALS, OR PARTNER INFORMATION ARE ACCURATE, COMPLETE, OR CURRENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZEPHYR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL; ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES—EVEN IF ADVISED OF THE POSSIBILITY. ZEPHYR’S TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNT YOU PAID US FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE EVENT—WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

XIV. Indemnity

You will indemnify and hold harmless Zephyr and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another.

XV. Errors And Delays

We are not responsible for errors or delays caused by inaccurate information you provide, technical issues beyond our control, partner responsiveness, or network failures.

XVI. Dispute Resolution

Binding Arbitration; Class Action Waiver. To the fullest extent permitted by law, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The seat and venue will be Washington, D.C., before a single arbitrator. YOU AND ZEPHYR AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS ONLY; CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS ARE NOT PERMITTED. This section does not prevent either party from seeking temporary or preliminary injunctive relief in court to protect its rights pending arbitration.

If arbitration is found unenforceable for a claim, the exclusive jurisdiction and venue will be the state or federal courts located in Washington, D.C., and you consent to personal jurisdiction there.

XVII. Other Terms

• Governing Law. California law (without regard to conflicts principles) governs, except where preempted by federal law.
• Termination. We may suspend or terminate access at any time for any reason. Sections that by their nature should survive (e.g., IP, disclaimers, limits, indemnity, dispute resolution) will survive termination.
• Electronic Communications. You consent to receive communications electronically and agree that they satisfy legal requirements for written communications.
• App Stores. If you access a Zephyr mobile app via Apple App Store or Google Play, you also agree to the applicable store terms; Apple/Google are not responsible for support or legal claims beyond what their terms specify.
• Export. You will comply with U.S. export and sanctions laws when using the Services.
• Assignment. You may not assign these Terms without our prior written consent; we may assign freely.
• Severability; Waiver. If a term is unenforceable, the remainder remains in effect. Our failure to enforce a term is not a waiver.
• Entire Agreement. These Terms and any referenced policies (e.g., Privacy Policy) are the entire agreement between you and Zephyr regarding the Services.