1. Eligibility
You represent and warrant that you are at least eighteen (18) years of age, are a resident of the United States (and, where applicable, the State of California), have the legal capacity to enter into this Agreement, and are the lawful owner or authorized agent of the real property identified in your submissions. You may not use the Services on behalf of any person or entity without their prior written authorization.
2. Description of the Services
ADUMetrics provides an online platform for homeowners and prospective accessory dwelling unit (“ADU”) buyers to (a) visualize potential ADU projects using a 3D configurator and two-dimensional floor-plan designer, (b) review pre-configured architectural styles and illustrative layouts, and (c) request connections to participating third-party contractors, designers, architects, construction specialists, and lenders (“Participating Partners”) that may be able to consult on, finance, or perform the project the User is considering.
ADUMetrics is a lead-generation and matching platform. We do not perform design, architectural, engineering, contracting, construction, real-estate, mortgage, lending, brokerage, or legal services. We are not a contractor, architect, engineer, lender, mortgage broker, real-estate broker, or law firm. Any work, financing, or services you receive will be performed by independent Participating Partners pursuant to separate agreements between you and those Participating Partners.
3. The 3D Configurator and Floor-Plan Designer Are Illustrative Only
Designs, renderings, dimensions, square footages, materials, finishes, costs, timelines, and other outputs generated through the 3D configurator and floor-plan designer (collectively, “Design Outputs”) are conceptual visualizations only. Design Outputs are NOT:
- architectural, structural, mechanical, electrical, plumbing, or civil-engineering drawings;
- permit-ready, code-compliant, or stamped construction documents;
- a representation that any project depicted is feasible, lawful, code-compliant, or buildable on your lot;
- a guarantee of cost, schedule, materials availability, lot suitability, soil conditions, setback compliance, zoning approval, utility availability, HOA approval, or any other project outcome; or
- a substitute for advice from a licensed architect, engineer, contractor, surveyor, attorney, or lender.
You acknowledge that any decision to design, finance, permit, or build an ADU must be made in reliance on independent professional advice and on documentation prepared and stamped by appropriately licensed professionals for your specific property. ADUMetrics makes no representation that any Design Output complies with the California Building Code, California Residential Code, Title 24, local zoning ordinances, fire codes, accessibility codes, utility-easement requirements, or any other applicable law.
4. Account Information and Submitted Information
When you use the Services you may be asked to provide information including, without limitation, your name, postal address, email address, telephone number(s) (including mobile), property address and lot characteristics, project preferences, budget range, financing interest, and other information you choose to provide (“Submitted Information”). You represent and warrant that all Submitted Information is true, accurate, current, and complete, that any telephone number you provide is a number at which you can lawfully receive calls and text messages, and that you are the subscriber or customary user of any such telephone number.
5. Lead Matching and Sharing With Participating Partners
You expressly authorize ADUMetrics to share your Submitted Information, your Design Outputs, your IP address, device identifiers, and metadata about your activity on the Services with one or more Participating Partners that we, in our sole discretion, believe may be a fit for your project. You acknowledge and agree that:
- your Submitted Information may be shared with multiple Participating Partners simultaneously, including contractors competing for the same project, lenders, designers, architects, surveyors, and construction specialists;
- Participating Partners are independent third parties, not employees, agents, partners, joint venturers, or representatives of ADUMetrics;
- ADUMetrics does not warrant, endorse, guarantee, or assume responsibility for the licensing status, insurance, bonding, workmanship, pricing, timeliness, lawfulness, or quality of any Participating Partner or for any product, service, financing offer, advice, opinion, statement, representation, warranty, contract, or other content provided or made available by any Participating Partner;
- once your Submitted Information is shared with a Participating Partner, that Partner controls its own use of that information under its own privacy policy and terms, and ADUMetrics has no control over that Partner’s subsequent communications, retention, or further sharing of your information;
- ADUMetrics may receive compensation from Participating Partners in the form of subscription fees, per-lead fees, pay-per-call fees, success fees, referral fees, or other arrangements, and such compensation may influence which Participating Partners are presented to you;
- you remain solely responsible for selecting any Participating Partner you choose to engage and for negotiating, executing, and performing any contract directly with that Partner.
6. Express Written Consent to Be Contacted (TCPA and State Telemarketing Laws)
6.1 Your Express Written Consent
By providing your telephone number(s) (including any wireless or mobile number) to ADUMetrics and by checking the consent box, clicking the submission button, or otherwise submitting a request through the Services, you expressly authorize and consent to receive telephone calls, text messages (SMS and MMS), ringless voicemail drops, prerecorded or artificial-voice messages, AI-generated voice messages, and other communications from ADUMetrics, Mango9, Inc., and from Participating Partners (including, without limitation, participating contractors, designers, architects, construction specialists, and lenders), and from their respective agents, vendors, and service providers, at the telephone number(s) you provided, including communications made using an automatic telephone dialing system, autodialer, predictive dialer, or other automated technology.
6.2 Purposes of Communications
You consent to receive communications for any lawful purpose, including (a) responding to your inquiry, (b) qualifying your project, (c) marketing, advertising, telemarketing, and promotional purposes by ADUMetrics and Participating Partners, (d) presenting financing options, (e) scheduling appointments and consultations, (f) follow-up contacts at any time after your initial submission (including weeks, months, or years later), (g) requests for reviews, ratings, or referrals, and (h) any related transactional or informational purposes.
6.3 Consent Is Not a Condition of Purchase
Your consent is not required as a condition of purchasing any goods or services. You may still inquire about ADUs, financing, or contractor services without providing this consent by contacting us directly at the address in Section 28.
6.4 Override of Do-Not-Call Status
You acknowledge that the telephone number(s) you provide may currently be listed on the federal Do-Not-Call Registry, on any state Do-Not-Call list, or on any internal or wireless do-not-call list, and you expressly waive and override any such Do-Not-Call status as to ADUMetrics, Mango9, Inc., and the Participating Partners with which we share your Submitted Information, for the purposes described in this Section 6. This consent supersedes any prior election by you not to receive telemarketing or solicitation calls or texts from such parties to the extent permitted by law.
6.5 Message Frequency, Data Rates, and Carrier Disclaimers
Message and data rates may apply. Message frequency varies. Neither ADUMetrics nor any carrier is liable for delayed or undelivered messages. Carriers (including but not limited to AT&T, T-Mobile, Verizon, US Cellular, Boost Mobile, Cricket Wireless, MetroPCS, and their affiliates) are not responsible for the content of any messages or for any failure or delay in delivery.
6.6 HELP and STOP
For help, reply HELP to any text message from us or contact us at the information in Section 28. To stop receiving text messages from a particular sender, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to that sender’s text message. After you send STOP, you will receive one final confirmation message. Opting out of text messages from one sender does not opt you out of text messages from other senders to which you have provided consent.
6.7 Revocation of Consent
You may revoke your consent under this Section 6 at any time by any reasonable means. To revoke consent as to ADUMetrics, you may (a) reply STOP to a text message from us, (b) tell our representative on a call that you wish to revoke consent, or (c) email us at the address in Section 28 with the phrase “REVOKE TCPA CONSENT” in the subject line and your name and the phone number(s) to which the revocation applies in the body. Revocation as to ADUMetrics does not automatically revoke consent as to any Participating Partner; you must contact each Participating Partner directly to revoke consent as to that Partner. Revocation will become effective within a commercially reasonable time after we receive it.
6.8 Recording of Calls
You acknowledge and consent that telephone calls between you and ADUMetrics or Participating Partners may be monitored, recorded, transcribed, and analyzed (including by artificial intelligence) for quality assurance, training, compliance, dispute resolution, and other lawful business purposes. This consent satisfies the two-party-consent requirement under California Penal Code §§ 631 and 632 and equivalent statutes in other jurisdictions.
6.9 Acknowledgment of Sharing for Contact Purposes
You expressly acknowledge that by providing your contact information you are authorizing ADUMetrics to share that information with Participating Partners specifically so that those Participating Partners may contact you using the methods described in Section 6.1 for the purposes described in Section 6.2, and that you are providing prior express written consent to each such Participating Partner to do so.
7. Email and Other Electronic Communications
By providing your email address you consent to receive transactional, informational, and marketing email communications from ADUMetrics and from Participating Partners, in accordance with the CAN-SPAM Act (15 U.S.C. § 7701 et seq.) and applicable state law. You may unsubscribe from marketing emails at any time using the unsubscribe link included in each such email, but you may continue to receive transactional and account-related emails related to your use of the Services.
8. Connections With Participating Lenders and Financing Partners
ADUMetrics is not a lender, mortgage broker, mortgage banker, or finance lender. We do not make loans, take loan applications, issue loan commitments, fund loans, or make credit decisions. If you indicate interest in financing options, we may share your Submitted Information with one or more participating lenders, mortgage brokers, financial institutions, or financing partners (each a “Participating Lender”) so that they may contact you regarding potential financing options.
You acknowledge that (a) ADUMetrics does not charge you any fee for connecting you with a Participating Lender, (b) any decision to apply for, accept, or decline financing is solely between you and the Participating Lender, (c) Participating Lenders may obtain a credit report or perform a credit inquiry only after obtaining your separate authorization in accordance with the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) and applicable state law, and (d) all financing terms, interest rates, fees, eligibility requirements, and approval decisions are determined solely by the Participating Lender. ADUMetrics makes no representation that you will qualify for any financing or for any particular rate or term.
9. Connections With Participating Contractors and Construction Specialists
Participating contractors, designers, architects, surveyors, and construction specialists (“Participating Contractors”) that contact you through the Services are independent businesses. Any contract for design services, construction services, or other work will be entered into directly between you and the Participating Contractor. ADUMetrics is not a party to any such contract and disclaims any responsibility for the performance, non-performance, or quality of work performed by any Participating Contractor. We encourage you to independently verify a Participating Contractor’s license status with the California Contractors State License Board (CSLB) at cslb.ca.gov before entering into any contract.
10. Privacy Policy; California Privacy Rights
Our collection, use, disclosure, and retention of personal information is described in our Privacy Policy, which is incorporated by reference into this Agreement. If you are a California resident, the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act (“CCPA/CPRA”) provides you with certain rights regarding your personal information, including rights to know, access, correct, delete, limit use of sensitive personal information, and opt out of “sales” and “sharing” of personal information for cross-context behavioral advertising. To exercise these rights, please follow the instructions in our Privacy Policy or contact us using the information in Section 28.
Disclosure regarding “Sale” or “Sharing” of Personal Information.Under the CCPA/CPRA, ADUMetrics’s sharing of your Submitted Information with Participating Partners in exchange for monetary or other valuable consideration may constitute a “sale” or “sharing” of personal information. You acknowledge and consent to such sharing for the purposes described in this Agreement. You retain the right to opt out of future sales or sharing at any time, but opt-out will not apply retroactively to information already shared with a Participating Partner.
11. Intellectual Property
All content, software, designs, logos, trademarks, and other materials forming part of the Services, including the 3D configurator, floor-plan designer, pre-built style libraries, 3D models, textures, and code (collectively, the “Platform IP”) are the exclusive property of ADUMetrics or its licensors and are protected by United States and international copyright, trademark, trade-secret, and other intellectual-property laws. Subject to your compliance with this Agreement, ADUMetrics grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial purposes only.
Design Outputs. As between you and ADUMetrics, you own the personal configuration choices you make within the Services. ADUMetrics retains all rights in the underlying Platform IP. You grant ADUMetrics and its Participating Partners a worldwide, royalty-free, sublicensable, transferable license to use, store, reproduce, modify, display, and distribute your Design Outputs and Submitted Information for the purpose of operating the Services, fulfilling your inquiry, providing the lead-matching services described in this Agreement, and improving our products and services (including training internal models).
12. Prohibited Uses
You agree not to, and not to permit any third party to:
- use the Services to provide information about a person other than yourself without that person’s prior written authorization;
- submit false, misleading, or fraudulent information, or use any telephone number, email address, or property address that you are not authorized to use;
- use the Services in any manner that violates the TCPA, CAN-SPAM Act, FCRA, CCPA/CPRA, or any other applicable law;
- reverse-engineer, decompile, disassemble, scrape, harvest, or otherwise extract data, source code, models, or designs from the Services;
- use any automated means (bots, crawlers, scripts) to access the Services without ADUMetrics’s prior written consent;
- interfere with or disrupt the Services or any servers or networks connected to the Services;
- impersonate any person or entity or misrepresent your affiliation with any person or entity;
- use the Services to compete with ADUMetrics or to develop a competing product;
- use the Services for any unlawful, infringing, defamatory, harassing, or otherwise objectionable purpose.
13. Disclaimer of Warranties
The Services, the Platform IP, all Design Outputs, and all information, recommendations, referrals, and Participating-Partner connections provided through the Services are provided “as is” and “as available,” with all faults and without warranty of any kind, express or implied. To the fullest extent permitted by law, ADUMetrics disclaims all warranties, express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, uninterrupted operation, security, and any warranties arising from course of dealing, usage, or trade practice.
ADUMetrics makes no warranty that (a) any Design Output is buildable, permittable, or code-compliant; (b) any Participating Partner is licensed, insured, bonded, qualified, or will perform satisfactorily; (c) any Participating Lender will offer or approve financing on any terms; or (d) any estimate, cost, or timeline generated by the Services is accurate.
14. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will ADUMetrics, Mango9, Inc., or any of their respective officers, directors, members, employees, agents, affiliates, or licensors be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, use, or other intangible losses, arising out of or relating to this Agreement, the Services, any Design Output, any Participating Partner, or any communications you receive pursuant to Section 6, whether based in contract, tort (including negligence), statute, or any other theory, and whether or not we have been advised of the possibility of such damages.
In no event will the total aggregate liability of ADUMetrics and its affiliates to you for all claims arising out of or relating to this Agreement or the Services exceed the greater of (a) one hundred U.S. dollars (US$100) or (b) the amounts you have paid to ADUMetrics in the twelve (12) months preceding the event giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in full.
15. Indemnification
You agree to defend, indemnify, and hold harmless ADUMetrics, Mango9, Inc., and their respective officers, directors, members, managers, employees, agents, affiliates, licensors, and Participating Partners (the “Indemnified Parties”) from and against any and all claims, demands, suits, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your use of the Services; (b) your Submitted Information; (c) your breach of this Agreement or violation of any law; (d) your interaction or contract with any Participating Partner; (e) any claim that any telephone number, email address, or property information you provided was not your own or was provided without proper authorization; and (f) any claim that you did not provide valid consent under Section 6.
16. Suspension and Termination
ADUMetrics may, in its sole discretion and without notice or liability, suspend or terminate your access to all or any portion of the Services at any time, with or without cause. Sections 3, 5, 6, 8 through 15, and 17 through 28 will survive termination of this Agreement. Termination does not entitle you to recall, retract, or revoke any consent previously given under Section 6 with respect to information already shared with a Participating Partner.
17. Changes to the Services and to This Agreement
We may modify, suspend, or discontinue the Services or any portion of them at any time. We may also amend this Agreement at any time by posting a revised version on the Services and updating the “Last Updated” date. Material changes will be reasonably prominent. Your continued use of the Services after the effective date of any revision constitutes your acceptance of the revised Agreement. If you do not agree to the revisions, you must stop using the Services.
18. Consent to Electronic Records and Signatures (E-SIGN)
You consent to receive all communications, agreements, notices, disclosures, and other records relating to this Agreement and the Services in electronic form, and to sign this Agreement and any related documents electronically. You may withdraw this consent only by discontinuing your use of the Services. You may obtain a paper copy of any electronic record by contacting us at the address in Section 28 (a reasonable copying fee may apply). You confirm that your computer or mobile device meets the system requirements necessary to access electronic records (a current web browser, internet access, an email address, and the ability to view PDF documents).
19. Third-Party Beneficiaries
Participating Partners are intended third-party beneficiaries of your consents and waivers under Sections 6, 7, 8, 9, 13, 14, and 22 of this Agreement and may enforce those provisions directly against you. No other person or entity is a third-party beneficiary of this Agreement.
20. Notice for California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following consumer-rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
21. Governing Law
This Agreement and any dispute arising out of or relating to this Agreement or the Services will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs Section 22.
22. Binding Arbitration; Class-Action Waiver; Jury-Trial Waiver
22.1 Agreement to Arbitrate
Any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, any Design Output, any communication you receive under Section 6, your relationship with any Participating Partner, or the breach, termination, enforcement, interpretation, or validity of this Agreement (collectively, “Disputes”), will be resolved exclusively by final and binding arbitration administered by JAMS under its then-current Comprehensive Arbitration Rules and Procedures (or, if the amount in controversy is less than $250,000, the JAMS Streamlined Arbitration Rules and Procedures), available at jamsadr.com. The arbitration will be conducted by a single arbitrator in Los Angeles County, California, or by videoconference, and judgment on the award may be entered in any court having jurisdiction.
22.2 Class-Action and Representative-Action Waiver
You and ADUMetrics agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private-attorney-general proceeding.
The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If a court decides that applicable law precludes enforcement of this Section 22.2 as to any particular claim or request for relief, then that claim or request will be severed and brought in a court of competent jurisdiction, but the remainder of this Section 22 will be enforced in arbitration.
22.3 Jury-Trial Waiver
To the fullest extent permitted by law, you and ADUMetrics each waive any right to trial by jury in any action or proceeding arising out of or relating to this Agreement or the Services.
22.4 Pre-Arbitration Notice
Before initiating arbitration, the party with the Dispute must send written notice to the other party describing the Dispute and the relief sought. The parties will then attempt in good faith to resolve the Dispute informally for at least sixty (60) days. Notice to ADUMetrics must be sent to the address in Section 28.
22.5 Opt-Out Right
You may opt out of this Section 22 by sending written notice to ADUMetrics at the address in Section 28 within thirty (30) days after you first accept this Agreement. The notice must include your full name, postal address, the email address and phone number you used when registering or submitting information, and a clear statement that you wish to opt out of Section 22. Opting out will not affect any other provision of this Agreement.
22.6 Small-Claims Carve-Out
Notwithstanding Section 22.1, either party may bring an individual action in small-claims court for Disputes within that court’s jurisdiction.
22.7 Venue for Non-Arbitrable Matters
For any Dispute not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California.
23. Statute of Limitations
To the fullest extent permitted by law, any claim or cause of action arising out of or relating to this Agreement or the Services must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred.
24. Assignment
You may not assign or transfer this Agreement or any of your rights or obligations under it, by operation of law or otherwise, without ADUMetrics’s prior written consent. ADUMetrics may assign this Agreement at any time, including in connection with a merger, acquisition, reorganization, or sale of assets, without notice or consent.
25. Force Majeure
ADUMetrics will not be liable for any failure or delay in performance caused in whole or in part by any cause beyond its reasonable control, including without limitation acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, war, terrorism, civil unrest, governmental action, labor disputes, internet outages, telecommunications failures, cyberattacks, or third-party service failures.
26. Severability; Waiver; Headings
If any provision of this Agreement is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remainder of this Agreement will continue in full force and effect. No failure or delay by ADUMetrics to enforce any right or provision will constitute a waiver of that right or provision. Headings are for convenience only and do not affect interpretation.
27. Entire Agreement
This Agreement, together with the Privacy Policy and any disclosures, consent boxes, or supplemental terms accepted by you in connection with the Services, constitutes the entire agreement between you and ADUMetrics regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, communications, and proposals, whether oral or written.
28. Contact Information
ADUMetrics (a brand of Mango9, Inc.)
Mango9, Inc.
[Street Address]
Los Angeles, California [ZIP]
Email: legal@adumetrics.com
Phone: [INSERT MANGO9 PHONE]
Appendix A — Short-Form Consent Disclosure
The following short-form disclosure should appear directly above or adjacent to the consent checkbox or submission button on every page of the Services that collects a telephone number, so that the User’s “Prior Express Written Consent” satisfies 47 C.F.R. § 64.1200(f)(9). The checkbox should not be pre-checked.