1. Introduction and Acceptance of Terms
Welcome to House Upgrade Design ("Company," "we," "us," or "our"). By accessing our website, using our services, or engaging with our platform in any capacity, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy and Terms of Service ("Agreement"). This Agreement governs your relationship with House Upgrade Design, a USA-registered corporation operating across the United States. If you do not agree with any part of this Agreement, you must discontinue use of our services immediately. We reserve the right to modify this Agreement at any time, and continued use of our services constitutes acceptance of any modifications.
2. Information We Collect
We collect several categories of personal information when you interact with our services. This includes: (a) Identification Data — full name, email address, phone number, mailing address; (b) Project Data — property address, project type, photos, measurements, design preferences; (c) Financial Data — payment information, billing address, financing applications (processed through secure third-party payment processors); (d) Technical Data — IP address, browser type, device information, cookies, and usage analytics; (e) Communication Data — records of calls, emails, chat transcripts, and in-person consultations. We collect information directly from you, automatically through our website and applications, and from third-party sources such as credit bureaus, public records, and referral partners.
3. How We Use Your Information
We use your personal information for the following purposes: to provide and fulfill our home services; to process transactions and send related information including confirmations and invoices; to respond to your comments, questions, and requests; to send you technical notices, updates, security alerts, and administrative messages; to communicate about products, services, offers, and events (with your consent); to monitor and analyze trends, usage, and activities; to detect, investigate, and prevent fraudulent transactions and abuse; to personalize and improve your experience; to facilitate contests, promotions, and surveys; and to comply with legal obligations. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason that is compatible with the original purpose.
4. Legal Basis for Processing
We process your personal data under the following legal bases: (a) Consent — where you have given clear, affirmative consent for specific purposes such as marketing communications; (b) Contractual Necessity — where processing is necessary for the performance of a contract with you, including providing our home services; (c) Legitimate Interests — where processing is necessary for our legitimate business interests, such as fraud prevention, network security, and business optimization; (d) Legal Obligation — where we must comply with applicable federal, state, and local laws, regulations, and legal processes. We will always clearly inform you when consent is required and provide mechanisms for you to withdraw consent at any time.
5. Data Sharing and Disclosure
We do not sell your personal information to third parties. We may share your data with: (a) Service Providers — contractors, subcontractors, and business partners who perform services on our behalf, subject to strict confidentiality agreements; (b) Payment Processors — Stripe, PayPal, and other financial institutions to process payments securely; (c) Insurance Partners — to facilitate warranty claims and coverage; (d) Legal Requirements — when required by law, subpoena, court order, or governmental regulation; (e) Business Transfers — in connection with any merger, acquisition, or sale of company assets; (f) With Your Consent — in any other situation where we have obtained your explicit consent. All third-party recipients are contractually obligated to process your data only for the specified purposes and in compliance with applicable privacy laws.
6. Cookies and Tracking Technologies
Our website uses cookies, web beacons, pixels, and similar tracking technologies to enhance your browsing experience. We use strictly necessary cookies for site functionality, performance cookies to analyze how you use our site, functionality cookies to remember your preferences, and targeting/advertising cookies to deliver relevant advertisements. You can manage your cookie preferences through your browser settings at any time. Disabling certain cookies may affect website functionality. We use Google Analytics and similar tools to collect anonymized usage data. Our site may also include links to third-party sites that set their own cookies over which we have no control.
7. Data Security Measures
We implement industry-standard security measures to protect your personal information, including: AES-256 encryption for data at rest; TLS 1.3 encryption for data in transit; regular security audits and penetration testing by independent third parties; role-based access controls limiting data access to authorized personnel; mandatory two-factor authentication for all internal systems; continuous monitoring and intrusion detection systems; employee training on data security and privacy best practices; and secure data centers with SOC 2 Type II certification. While we strive to protect your personal data, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
8. Data Retention Periods
We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected: (a) Active Customer Data — retained for the duration of our business relationship plus 7 years for warranty and legal compliance; (b) Marketing Data — retained until you withdraw consent or become inactive for 24 consecutive months; (c) Financial Records — retained for 7 years as required by IRS regulations; (d) Website Analytics — anonymized after 26 months; (e) Communication Records — retained for 5 years from the date of last communication; (f) Job Application Data — retained for 2 years from the date of application. When data is no longer needed, we securely delete or anonymize it in accordance with our data destruction policy.
9. Your Rights Under CCPA
As a California resident, under the California Consumer Privacy Act (CCPA), you have the right to: (a) Know — request disclosure of the categories and specific pieces of personal data we collect, the purposes for collection, and the categories of third parties with whom we share data; (b) Delete — request that we delete any personal information we have collected from you, subject to certain exceptions; (c) Opt-Out of Sale — opt out of the "sale" of your personal information (we do not sell your data); (d) Non-Discrimination — exercise your CCPA rights without receiving discriminatory treatment. To exercise these rights, submit a verifiable consumer request by calling +1 321-216-8639 or emailing privacy@houseupgradedesign.info. We will respond within 45 days as required by law.
10. Your Rights Under State Privacy Laws
Various U.S. states provide additional privacy rights. If you reside in Colorado, Connecticut, Virginia, Utah, or other states with comprehensive privacy laws, you may have the right to: access your personal data; correct inaccurate data; delete your data; data portability; opt out of targeted advertising, sale of personal data, and profiling; and limit the use of sensitive personal data. Nevada residents may opt out of the sale of data by emailing us. Residents of all states may request a privacy policy disclosure. We respond to all verified requests within the timeframes required by applicable law, typically 30-45 days.
11. Children's Privacy
Our services are not directed to individuals under the age of 18. We do not knowingly collect personal information from children. If we become aware that we have collected personal data from a child under 18, we will take steps to delete that information promptly. Parents or guardians who believe their child has provided personal information to us should contact us immediately at privacy@houseupgradedesign.info. We comply with the Children's Online Privacy Protection Act (COPPA) and all applicable state laws regarding children's data protection.
12. Email Communications and CAN-SPAM Compliance
We comply with the CAN-SPAM Act and all applicable email marketing regulations. Transactional emails (project updates, appointment confirmations, warranty information, billing notices) are sent as part of our service and cannot be opted out of. Promotional emails (special offers, newsletters, seasonal discounts) require your affirmative consent. Every promotional email includes a clear, conspicuous unsubscribe link and our physical mailing address. Unsubscribe requests are processed within 10 business days. If you subscribe to our newsletter, you agree to receive both transactional and promotional emails as described in the signup form, with the ability to unsubscribe from promotional content at any time.
13. SMS and Phone Communications
With your consent, we may send SMS messages for appointment reminders, project updates, and promotional offers. Standard messaging rates may apply. You may opt out of SMS communications by replying STOP to any message. We will not share your phone number with third parties for marketing purposes without your explicit consent. Phone calls may be recorded for quality assurance and training purposes, as permitted by applicable state law. We comply with the Telephone Consumer Protection Act (TCPA) and do not make autodialed calls to wireless numbers without prior express consent.
14. Service Terms and Scope of Work
All home services provided by House Upgrade Design are subject to a separate Service Agreement that details the specific scope of work, materials, timeline, and costs for your project. Estimates provided are valid for 30 days unless otherwise stated. Changes to the scope of work require written change orders signed by both parties. We guarantee all workmanship for a period of 5 years from the date of completion, unless otherwise specified in your Service Agreement. Material warranties are provided by manufacturers and vary by product. We are not responsible for delays caused by unforeseen conditions, weather, permit processing times, or supply chain disruptions beyond our control.
15. Payment Terms and Financing
Payment terms are specified in your Service Agreement. Typically, a deposit of 25-33% is required before work begins, with progress payments scheduled at project milestones. Final payment is due upon completion and your written acceptance. We accept credit cards (Visa, Mastercard, American Express, Discover), personal checks, ACH transfers, and financing through our lending partners. Financing is subject to credit approval and terms offered by third-party lenders; we do not guarantee financing approval. Late payments may incur a fee of 1.5% per month. All prices are in U.S. dollars and do not include applicable sales tax unless stated otherwise.
16. Cancellation and Refund Policy
You may cancel your project within 3 business days of signing the Service Agreement for a full refund of any deposit paid, as required by the Federal Trade Commission's Cooling-Off Rule. After the 3-day period, cancellations are subject to a cancellation fee equal to the greater of $500 or 10% of the total contract price, plus reimbursement for any work already performed and materials ordered. Refunds are processed within 30 business days. Custom-ordered materials and special-order items are non-refundable once the manufacturer has begun fabrication. Promotional discounts may be voided upon cancellation, and you will be responsible for the full, undiscounted price of any completed work.
17. Limitation of Liability
To the maximum extent permitted by applicable law, House Upgrade Design shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, regardless of the cause of action or theory of liability. Our total aggregate liability for any claims arising from or related to our services shall not exceed the total amount you paid us for the specific service giving rise to the claim. This limitation applies to all causes of action, whether based on contract, tort (including negligence), strict liability, or any other legal theory. Some states do not allow the exclusion or limitation of certain damages, so this limitation may not apply to you.
18. Indemnification
You agree to indemnify, defend, and hold harmless House Upgrade Design, its officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, damages, losses, costs, expenses (including reasonable attorneys' fees), and liabilities arising from: (a) your breach of this Agreement; (b) your violation of any applicable law or regulation; (c) your provision of false or misleading information; (d) any third-party claims related to your property or project that are not directly caused by our negligence; (e) your failure to obtain necessary HOA approvals, permits, or permissions. This indemnification obligation survives the termination of our business relationship.
19. Intellectual Property Rights
All content on our website, including text, graphics, logos, images, design templates, and software, is the property of House Upgrade Design or its content suppliers and is protected by United States and international intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content without our prior written consent. Design plans and renderings created for your project remain our intellectual property until full payment is received, at which point a limited license for personal use is granted. You may not use our trademarks, service marks, or trade dress without written permission.
20. User-Generated Content
If you submit reviews, photos, testimonials, or other content to our platform, you grant House Upgrade Design a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to use, reproduce, modify, publish, translate, distribute, and display such content in connection with our business. You represent and warrant that you own or control the rights to any content you submit and that it does not infringe any third-party rights. We reserve the right to remove any user-generated content at our sole discretion without notice. You may request removal of your content by contacting us, though we cannot guarantee removal from all cached or archived versions.
21. Third-Party Links and Services
Our website may contain links to third-party websites, products, and services that are not owned or controlled by House Upgrade Design. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites. We strongly advise you to review the terms and privacy policies of any third-party sites you visit. Inclusion of any third-party link does not imply endorsement. We are not responsible for any damage or loss caused by your interaction with third-party services, including financing partners, material suppliers, or home warranty providers referenced on our site.
22. Website Terms of Use
By using our website, you agree to: use the site only for lawful purposes; not attempt to gain unauthorized access to any portion of the site or its systems; not use automated tools to scrape, crawl, or extract data; not transmit any viruses, malware, or other harmful code; not interfere with or disrupt the site's infrastructure; provide accurate and current information when submitting forms; and comply with all applicable local, state, national, and international laws. We reserve the right to restrict or terminate access to our website for any user who violates these terms, at our sole discretion and without prior notice.
23. Dispute Resolution and Arbitration
Any dispute arising from or relating to this Agreement or our services shall first be addressed through informal resolution by contacting our customer service team. If unresolved within 60 days, the dispute shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall be conducted in Austin, Texas, or another mutually agreed location. The arbitrator's decision shall be final and binding. You waive your right to a jury trial and to participate in class action lawsuits. Claims must be brought within one (1) year from the date the claim arose. This arbitration clause does not apply to claims in small claims court or claims for injunctive or equitable relief.
24. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of USA, without regard to its conflict of law principles. For any matter not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, and waive any objection to venue in those courts. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of those rights.
25. Home Warranty Specific Terms
Home warranty plans are provided under separate contracts with specific terms, coverage limits, exclusions, and service fees. House Upgrade Design acts as an authorized reseller for certain home warranty providers. Warranty coverage is subject to the terms and conditions of the warranty contract, which may differ from this Agreement. Pre-existing conditions, improper maintenance, and code violations are typically excluded. Claims are subject to a service call fee per trade. Warranty plans are transferable upon sale of the home with proper notification. We recommend reviewing the complete warranty contract before purchase, as this section provides only a summary and does not supersede the warranty contract terms.
26. Solar Installation Specific Terms
Solar panel installations are subject to site assessment, structural evaluation, utility approval, and local permitting requirements. Estimated energy savings are projections based on historical data and are not guaranteed. Federal tax credits and state incentives are subject to change and depend on your individual tax situation; consult a tax professional. System performance guarantees are provided by the equipment manufacturer. Net metering policies vary by utility company and are subject to change. We are not responsible for utility interconnection delays or changes in utility rate structures. Solar leases and power purchase agreements (PPAs) are separate contracts with third-party financing entities and have their own terms and conditions.
27. Force Majeure
Neither party shall be liable for any failure or delay in performing obligations under this Agreement where such failure or delay results from circumstances beyond reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, government actions, wars, terrorism, civil unrest, labor disputes, supply chain disruptions, material shortages, extreme weather conditions, utility outages, or any other force majeure event. The affected party shall provide prompt written notice and use reasonable efforts to mitigate the impact. If a force majeure event continues for more than 90 days, either party may terminate the affected Service Agreement without penalty, subject to payment for work completed to date.
28. Accessibility and Accommodations
House Upgrade Design is committed to ensuring digital accessibility for people with disabilities. We continually improve the user experience for everyone and apply relevant accessibility standards, including WCAG 2.1 Level AA guidelines. If you experience difficulty accessing any part of our website, please contact us at accessibility@houseupgradedesign.info or call +1 321-216-8639. We will make reasonable accommodations to ensure our services are accessible to all individuals, including providing documents in alternative formats and arranging for sign language interpreters for in-person consultations when requested in advance.
29. Entire Agreement and Severability
This Agreement, together with any applicable Service Agreement, constitutes the entire agreement between you and House Upgrade Design regarding the subject matter hereof, and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect. The section headings are for convenience only and do not affect interpretation.
30. Contact Information and Changes
For any questions, concerns, or requests regarding this Privacy Policy and Terms of Service, please contact us using the following information: House Upgrade Design, 3534 Elk Avenue
Adrian, MI 49221; Email: privacy@houseupgradedesign.info; Phone: +1 321-216-8639; Web: www.houseupgradedesign.info/privacy. Our Data Protection Officer can be reached at dpo@houseupgradedesign.info. We review and update this Agreement periodically. Material changes will be notified via email (for active customers) and by posting a prominent notice on our website at least 30 days before the effective date. Your continued use of our services after changes become effective constitutes acceptance of the revised terms. We maintain a version history of all policy changes available upon request.
