Terms of Service

These Terms of Service (the “Terms”) form a binding contract between you and Fairday Technology, LLC, a California limited liability company (“Fairday”, “we”, “us”), and govern your access to and use of Chalais, our AI-powered home-visualization product (the “Service”).

By creating an account, signing in, clicking “Continue,” running an audit or a render, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

This version (v2.0, effective June 26, 2026) materially expands how Fairday may use your content and the Output you generate — including for marketing and to improve and train our AI models — and confirms that you may use your own Renders commercially. See Sections 5.2, 5.3, and 6. If you continue to access or use the Service on or after the effective date above, you accept this version. If you do not agree, stop using the Service and you may delete your Account under Section 18.

This contract contains an agreement to resolve disputes by binding individual arbitration and a waiver of the right to participate in a class action. See Section 14. You may opt out within 30 days of first accepting these Terms by following the instructions in Section 14.5.

1. Definitions

• “Account” means a registered Chalais account.
• “Audit” means the AI-generated written analysis the Service produces for a property.
• “Render” means an AI-generated image the Service produces for a property.
• “Output” means Audits, Renders, and any other content the Service generates from your inputs.
• “Your Content” means materials you submit to the Service: photos, addresses, listing URLs, notes, brand assets, and feedback.
• “Subscription” means a paid, recurring plan for the Service.

2. Eligibility and electronic communications

You must be at least 18 years old and able to form a binding contract under applicable law. The Service is operated from the United States and is intended for users located in the United States. You agree to receive all notices, agreements, and disclosures from us electronically (email or in-product), and you agree that this satisfies any legal requirement that such communications be in writing.

3. Accounts

You can use parts of the Service anonymously, but creating an Account lets you save Audits, save Renders, and access paid features. You may sign in with email (magic link) or with Google. You are responsible for the confidentiality of any access credentials and for all activity under your Account. Notify security@fairday.app promptly if you suspect unauthorized access. We may suspend or terminate Accounts that we reasonably believe have violated these Terms or pose a risk to other users, the Service, or third parties.

4. The Service

The Service takes a photo and optional listing context for a residential property and generates an algorithmic Audit describing plausible architectural improvements, scope tradeoffs, and indicative budget ranges; and AI Renders visualizing those improvements through a chosen architectural vocabulary. The Service relies on third-party AI models, including without limitation models from OpenAI, Google (Gemini), Fal.ai, and Anthropic.

The Audit is not a licensed home inspection, appraisal, or engineering assessment. The Renders are illustrative visualizations, not architectural drawings, construction documents, or permitting plans. See our Disclaimers for the full list of what the Service is and is not.

We may modify, add, or discontinue features at any time. We will give you reasonable notice before discontinuing a feature you actively use.

5. Your Content

5.1 Ownership

You retain all ownership rights in Your Content. These Terms do not transfer ownership of Your Content to Fairday.

5.2 License you grant Fairday

You grant Fairday a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (e.g., crop, resize, watermark), create derivative works from, transmit to and process through our third-party AI subprocessors, and display Your Content for the following purposes: (i) to operate, secure, and improve the Service; (ii) to develop, improve, and train Fairday's AI models, features, and methodology; and (iii) to market and promote the Service and Fairday, subject to the privacy protections in Section 5.3.

This license survives deletion of Your Content only to the extent Fairday has already (a) incorporated Your Content into a trained model, derived work, or aggregated dataset before deletion, (b) retained cached or backed-up copies for a reasonable period for operational, legal, security, or audit purposes, or (c) generated anonymized or aggregated metrics that no longer identify you. Deletion stops new uses of the deleted Content going forward; it does not require Fairday to retrain a model or unwind work already performed. You may request removal of Your Content from marketing surfaces at any time under Section 5.3.

5.3 Public Renders, Discover, and marketing use

Public projects.You may set a project's visibility to public, which causes the Render image, the architectural style preset, the intervention scope, and a city-and-state-only location label to appear on the public Discover feed and on your public profile (if you have configured a handle). The address, Audit content, comps, persona, and any private notes are not shown on these public surfaces. By marking a project public you grant Fairday and other Service users a worldwide, non-exclusive license to view, link to, and feature the Render image, and you authorize Fairday to feature that public Render in our marketing, advertising, social channels, case studies, and website, attributed consistently with your public profile settings (e.g., your handle or brand). You may revoke public visibility at any time; cached views may persist briefly before refreshing.

Private projects. Fairday may also feature your private Renders in our marketing, advertising, Discover showcase, social channels, case studies, and website only in de-identified form— that is, without your name, handle, account email, the property's street address, or other information that identifies you or the specific property. A city-or-region-level location label is the most location detail we will attach to a de-identified private Render, and we will not attach your Audit content, comps, or private notes. We do not need your per-Render permission to use a Render this way.

Right to request removal. You may ask us to stop featuring any of your Renders (public or private) in our marketing at any time by emailing privacy@fairday.app with the Render or project link. We will remove it from surfaces we control promptly and within a reasonable period, though copies already distributed to or cached by third parties (for example, in a published ad or a social re-share) may persist outside our control, and removal does not require us to recall material already printed or distributed offline.

5.4 Representations and warranties

You represent and warrant that:

• you own Your Content or have all necessary rights, licenses, and permissions to upload it and to grant the licenses in this Section;
• Your Content does not infringe any third party's intellectual property, privacy, publicity, or other rights;
• you have permission to upload photos of any property you do not own (e.g., if you are a real-estate professional, designer, or investor working with a client's consent);
• Your Content does not contain content that is illegal, defamatory, harassing, or that depicts an identifiable individual without their consent.

5.5 Removal

We may, but are not obligated to, remove Your Content if we reasonably believe it violates these Terms, our Acceptable Use Policy in Section 7, or applicable law.

6. AI Output

AI systems operate probabilistically and Output may contain inaccuracies, omissions, or visual artifacts.

6.1 Your license to use Output (including commercial use)

Subject to your continuing compliance with these Terms, Fairday grants you a worldwide, non-exclusive, perpetual, royalty-free, sublicensable license to use, reproduce, modify, publish, and distribute the Output generated for you from Your Content, including for commercial purposes— for example, real-estate listings, client presentations, design proposals, marketing materials, and social promotion. We grant this commercial license expressly because many Chalais users are professionals (realtors, architects, designers, investors) who use Renders in their business. This license is subject to the Acceptable Use rules in Section 7 — including the requirement to disclose that a Render is an AI-generated visualization — and does not extend to Fairday's underlying software, models, prompts, brand, or methodology.

6.2 License Fairday retains in Output and Your Content

Your license under Section 6.1 is non-exclusive, and you grant Fairday — and Fairday retains — a worldwide, non-exclusive, perpetual, irrevocable (as to Output and Your Content already created or submitted), royalty-free, sublicensable license to host, store, reproduce, modify, create derivative works from, publicly display, publicly perform, distribute, and otherwise use the Output and Your Content to: (i) operate, secure, and improve the Service; (ii) develop, improve, and train Fairday's AI models, features, datasets, and methodology; and (iii) market and promote the Service and Fairday, in each case subject to the privacy protections in Section 5.3 (including de-identification of private Renders and your right to request removal from marketing). This license to Fairday is independent of, and not limited by, any deletion of Your Content, to the extent described in Section 5.2.

6.3 No uniqueness; your responsibility for Output

Output may be similar or identical to output produced for other users; we make no claim of uniqueness, and the rights granted to you in Section 6.1 are non-exclusive. You are responsible for reviewing Output for accuracy and suitability before relying on it. Do not present Output as the work of a licensed architect, engineer, inspector, or appraiser, and do not submit Output for a use that requires professional certification.

6.4 Use of inputs and Output to improve and train our models

Fairday may use Your Content and the Output (including uploaded photos, addresses, audit text, render feedback, and the Audits and Renders generated) to operate, improve, and train Fairday's AI models, features, and methodology, and to create derived and aggregated works. We apply de-identification and aggregation where appropriate and consistent with our Privacy Policy. Our AI subprocessors process the inputs we send them under their own terms; we do not control and do not promise on their behalf how they use API traffic, and you should review the subprocessor list in our Privacy Policy. We may also use anonymized, aggregated metrics (latency, feature adoption) for our own analytics.

7. Acceptable Use

You agree not to:

• upload photos of property you do not own or do not have permission to process, including scraped MLS imagery used outside your own listings;
• use the Service to harass, defame, or generate misleading content about identifiable individuals or specific properties owned by third parties without their consent;
• attempt to access another user's account, content, or audit data, including by guessing share tokens or property IDs;
• probe, scan, or test the security of the Service except through a coordinated disclosure to security@fairday.app;
• scrape, crawl, or programmatically access the Service except via a public API we expressly designate;
• use the Service to generate content that is illegal, that depicts a minor in a sexual context, or that is intended to incite violence or discriminatory harassment;
• reverse engineer, decompile, or attempt to extract source code, model weights, or prompt templates that power the Service, except to the extent that applicable law expressly prohibits restricting that right;
• impersonate another person or misrepresent your affiliation with any architectural firm or other entity;
• remove, obscure, or alter watermarks, attribution, or disclaimers we apply to free-tier Renders;
• represent any Render as an actual photograph, an original architectural drawing, or as-built construction. When you redistribute a Render in a commercial context (real-estate listings, marketing materials, contractor proposals, social promotion), you must disclose to the viewer that it is an AI-generated visualization — either by retaining a visible Chalais attribution or by adding your own “AI-generated” label. This is both our policy and, in California and the EU, increasingly a legal requirement under generative-AI transparency rules;
• resell or sublicense access to the Service without our written permission;
• use the Service in a manner that materially burdens our infrastructure (e.g., repeated automated submissions, abusive retry loops, bulk render bursts) beyond ordinary individual use.

We may apply reasonable rate limits and usage-pattern checks to enforce these rules.

8. Subscriptions and billing

8.1 Plans and pricing

Current plans, features, and prices are listed at /pricing. By starting a Subscription you authorize Fairday and our payment processor (Stripe, Inc.) to charge the payment method on file for the listed amount, plus applicable taxes, on a recurring basis until you cancel.

8.2 Auto-renewal (California Automatic Renewal Law)

Your Subscription will automatically renew at the end of each billing period (monthly or annual, as you select) at the then-current rate, until you cancel. You may cancel at any time, in your account settings or by emailing billing@fairday.app; cancellation takes effect at the end of the current billing period and you will retain access through that date. We will email you a confirmation that includes the cancellation method, a description of the Subscription, the recurring charge, and the renewal date promptly after you start a Subscription. We will email you a receipt after each renewal charge. We will give you reasonable advance notice (at least seven days, and 30 days for material increases) before any change in the renewal price takes effect.

8.3 Refunds

Except where required by law, all charges are non-refundable. We may, at our discretion, issue a refund or credit for billing errors or Service outages. California residents are entitled to refunds for any unused portion of a Subscription where required by California Civil Code §1789.3.

8.4 Money-back guarantee, credits, and promotional pricing

Every paid plan carries a 30-day money-back guarantee. If you are not satisfied with the Service, you may request a full refund within 30 days of your first charge on a given paid plan by emailing billing@fairday.app. We process refunds within one business day; once the refund settles, your Account reverts to the free tier and your renders / audits remain accessible to you.

We may decline a refund request where we observe a pattern consistent with abuse — for example, a request submitted after substantially depleting the plan's monthly render or audit allocation, multiple refund requests across different Accounts, or activity inconsistent with a good-faith trial of the Service. In those cases we may, in our reasonable discretion, offer a prorated refund or decline the refund entirely, and we will explain the rationale in our reply.

We do not offer free trials of paid plans. Free users can use the Service at the free-tier allocation indefinitely; upgrading to a paid plan begins immediate billing.

Free credits and other promotional pricing are subject to the terms communicated at the time of the offer. We may change or revoke any offer at any time, except as to charges already incurred.

8.5 Taxes

Listed prices do not include taxes. You are responsible for any sales tax, VAT, or similar charges, which we may collect on your behalf where required.

9. Intellectual property and brand

The Service, including its software, designs, brand, copy, model prompts, and underlying methodology, is owned by Fairday and protected by U.S. and international intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service in accordance with these Terms. All rights not expressly granted are reserved.

Style preset names in the Service (e.g., “Northern California Farmhouse”) are Fairday's. Where a preset carries an “Inspired by” attribution naming a practitioner or firm, that attribution is a descriptive reference to a vocabulary — comparative advertising in the spirit of “inspired by” statements common in the fragrance and design industries. The named practitioner or firm has not reviewed, approved, or endorsed the Service, and we have no commercial relationship with them unless we explicitly say so. Trademarks belong to their respective owners. See our Disclaimers for the full statement.

10. Third-party services

The Service uses third-party providers including OpenAI, Google (Gemini), Fal.ai, Anthropic, Stripe, Resend, Sentry, PostHog, and Google Cloud Platform. Your use of features that depend on these providers is subject to their terms. We are not responsible for the availability, accuracy, or content of third-party services. A current list of our material subprocessors is maintained in our Privacy Policy.

11. Feedback

If you send us feedback, suggestions, or feature requests, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use that feedback for any purpose without obligation to you.

12. Disclaimer of warranties

The Service and all Output are provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, Fairday and its licensors disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and quiet enjoyment. We do not warrant that the Service will be uninterrupted, secure, or error-free, that Output will be accurate or reliable, or that information generated by the Service is suitable for any particular use, including any underwriting, construction, financial, design, or real-estate decision.

13. Limitation of liability

To the maximum extent permitted by law, Fairday and its officers, directors, employees, and contractors will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or substitute services, arising out of or related to your use of the Service, even if we have been advised of the possibility of such damages.

Our aggregate liability for any claim arising out of or relating to the Service or these Terms is limited to the greater of (a) the amounts you paid Fairday in the 12 months before the event giving rise to the claim, or (b) US$100.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law. The limitations in this Section do not apply to: (i) liability for fraud or fraudulent misrepresentation; (ii) liability for gross negligence or willful misconduct; (iii) liability for death or personal injury caused by negligence; or (iv) any other liability that California Civil Code §1668 or other applicable law prohibits limiting.

14. Dispute resolution; binding arbitration; class waiver

Read this Section carefully — it affects your legal rights, including your right to a court trial and to participate in class actions.

14.1 Informal resolution first

We want to resolve disputes without formal proceedings. Before initiating arbitration or filing a small-claims action, you agree to send us a written notice describing the dispute, the relief you seek, and your contact information to legal@fairday.appwith the subject “Dispute Notice.” We will do the same if we have a dispute against you. The parties will then attempt in good faith to resolve the dispute informally for 60 days from receipt of the notice before initiating arbitration. The 60-day period tolls any applicable statute of limitations.

14.2 Binding individual arbitration

Except for the matters in Section 14.4, any dispute, claim, or controversy between you and Fairday arising out of or relating to the Service or these Terms (a “Dispute”) that is not resolved under Section 14.1 will be resolved by binding individual arbitrationadministered by JAMS under its Streamlined Arbitration Rules and Procedures, before a single arbitrator. The seat of the arbitration is Orange County, California; in-person hearings (if any) will be held in Orange County unless the parties agree otherwise. The arbitrator's decision is final and enforceable in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

If JAMS is unavailable or declines to administer the arbitration, the parties will arbitrate before the American Arbitration Association under its Consumer Arbitration Rules. If neither is available, the parties will agree on a different administrator or, failing agreement, a court of competent jurisdiction in Orange County will appoint one.

14.3 Class-action waiver and no consolidation

You and Fairday each waive the right to bring or participate in any class, collective, mass, or representative action. The arbitrator may not consolidate Disputes brought by or against more than one person and may not preside over any form of representative or class proceeding. If a court decides this class-action waiver is unenforceable as to any claim or remedy, that claim or remedy must be litigated in court (severed from any arbitrable claims), but the rest of this Section 14 remains in effect.

14.4 Carve-outs

This Section 14 does not require arbitration of:

• claims by either party for emergency or preliminary injunctive relief, including to protect intellectual-property rights;
• individual claims that qualify for small-claims court so long as the action remains in that court and proceeds on an individual (non-representative, non-class) basis; or
• any matter that, under applicable law, cannot be subject to pre-dispute arbitration.

14.5 Opt-out of arbitration

You may opt out of this Section 14 by emailing legal@fairday.appwith the subject “Arbitration Opt-Out” within 30 days after first accepting these Terms. Your message must include your name, the email on your Account, and a clear statement that you decline arbitration. Opting out does not affect any other provision of these Terms.

14.6 Costs and fees

For consumer claims with an amount in controversy under US$10,000, Fairday will pay the JAMS filing, administrative, and arbitrator fees not otherwise paid by Fairday under JAMS's rules, except where the arbitrator finds your claim to be frivolous. Each party otherwise bears its own attorneys' fees and costs unless the arbitrator awards them under applicable law.

14.7 Mass arbitration

If 25 or more arbitration claims of substantially similar nature are filed against Fairday by or with the help of the same counsel or coordinated group within a 30-day period, the parties agree to cooperate in good faith with JAMS's mass-arbitration procedures (or an equivalent process) so that representative bellwether cases can be heard first and the parties can apply learnings from those cases before scheduling the remaining matters. Statutes of limitations are tolled for unscheduled cases during this process.

15. Beta features

We may make pre-release or experimental features available and label them “beta,” “preview,” or similar (“Beta Features”). Beta Features are provided for evaluation, may be incomplete, may produce more variable Output, and may be modified, restricted, or discontinued at any time. Beta Features are licensed AS IS without any warranty, and the liability limits and disclaimers in these Terms apply with full force.

16. Force majeure

Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil disturbance, government action, labor disputes, epidemics, internet or utility outages, third-party-provider failures, or natural disasters.

17. Export controls and sanctions

You may not access or use the Service in violation of U.S. export-control laws or in any country that is subject to a U.S. government embargo. You represent that you are not on any U.S. government list of restricted persons (e.g., OFAC's SDN list) and will not provide the Service to any such person.

18. Termination

You may stop using the Service and delete your Account at any time. We may suspend or terminate your access if we reasonably believe you have violated these Terms or if continued provision of the Service to you creates a legal or operational risk. The following Sections survive termination: 5.2 (license you grant), 5.3 (public Renders and marketing use), 6 (AI Output, including the licenses in 6.1 and 6.2), 9 (intellectual property), 11 (feedback), 12 (warranty disclaimer), 13 (limitation of liability), 14 (dispute resolution), 15 (beta features), 16 (force majeure), 17 (export controls), 19 (changes), 20 (notices), and 21 (miscellaneous).

19. Changes to these Terms

We may update these Terms from time to time. Material changes take effect no sooner than 14 days after we provide reasonable notice (typically by email and an in-product banner). Non-material changes take effect on posting. The “Effective” date at the top of these Terms reflects the most recent change. Your continued use of the Service after a change becomes effective constitutes acceptance. Changes do not apply retroactively to disputes that arose before the effective date of the change.

20. Notices

We send legal notices to the email address on your Account; your consent to electronic communications under Section 2 includes legal notices. You may send legal notices to:

Fairday Technology, LLC
Attn: Legal
1968 S. Coast Hwy #1322
Laguna Beach, CA 92651
legal@fairday.app

21. Miscellaneous

These Terms, together with our Privacy Policy, Disclaimers, and DMCA Policy, are the entire agreement between you and Fairday regarding the Service and supersede any prior or contemporaneous communications. If any provision is held unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. Headings are for reference only and have no legal effect. You may not assign or transfer these Terms without our written consent; we may assign these Terms in connection with a merger, acquisition, financing, or sale of assets. The parties are independent contractors; nothing in these Terms creates a partnership, agency, or employment relationship. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 14, any action permitted in court must be brought in the state or federal courts located in Orange County, California, and you consent to personal jurisdiction there.