Terms of Use

Important: This is a first-draft agreement pending attorney review. It governs your use of the PERCH Service, including any Reservation you place, any Listing you post, and any Subscription you purchase. Please read carefully. By clicking “I agree” on any consent surface, by placing a Reservation, by posting a Listing, or by continuing to use the Service, you agree to be bound by these Terms.

1. Definitions

• “PERCH”, “we”, “us” — PERCH, Inc., a Georgia corporation, operator of ownperch.com and the Service.
• “Service” — ownperch.com, its subpages, our newsletters, our mobile experiences, our Cloud Functions and APIs, and any related PERCH product.
• “Buyer” — a user placing a Reservation or making inquiries to purchase a Listing.
• “Builder” — a manufacturer, dealer, or independent operator posting a Listing.
• “Listing” — a product-detail page presenting a home offered for reservation, sale, or introduction on the Service.
• “Reservation” — the $1,000 deposit-based build-slot hold placed by a Buyer for a specific Listing, governed by Section 4.
• “Third-Party Listing” — a Listing posted by an independent Builder. PERCH acts as marketplace facilitator only.
• “PERCH-Branded Listing” — a Listing under the PERCH brand (e.g., The Nest). PERCH acts as the seller of record; the manufacturer of record is separately identified in the Listing.
• “Home” — a modular, prefab, container, tiny, manufactured, or ADU housing unit offered via a Listing.

2. What PERCH is — and what PERCH is not

PERCH operates an online marketplace and concierge service connecting Buyers with Homes and Builders. For clarity:

• For Third-Party Listings, PERCH is a marketplace facilitator and dealer only. The independent Builder is the seller and manufacturer of record. PERCH does NOT design, manufacture, engineer, transport, deliver, install, assemble, connect, inspect, permit, or warranty any Home.
• For PERCH-Branded Listings, PERCH is the seller of record and the party contracting with the Buyer for the sale. The manufacturer of record is separately identified in your Purchase Contract and bears manufacturer product-liability and manufacturer-warranty obligations. PERCH does NOT physically manufacture, transport, deliver, install, assemble, or connect any Home.
• PERCH is NOT a lender, mortgage broker, title company, escrow agent (except through licensed third-party escrow rails), architect, engineer, licensed general contractor, licensed transporter, licensed crane operator, licensed installer, licensed real-estate brokerage (in any jurisdiction unless expressly stated), building code inspector, or governmental permitting authority.
• Editorial content, Land Check reports, PERCH Index data, and any tool output are informational only. They do not constitute legal, financial, engineering, real-estate, or professional advice. You must verify with your local jurisdiction, your attorney, your licensed contractor, and your lender before taking any action.

3. Eligibility and account

You must be at least 18 years old and a resident of the United States to place a Reservation, post a Listing, or subscribe to a paid tier. By using the Service you represent and warrant that you meet these requirements and that all information you submit is accurate and lawful. You are responsible for maintaining the confidentiality of any credentials issued to you. You may not use the Service to impersonate any person, scrape or bulk-extract data, probe or test our systems, spam, or violate any law.

4. Reservations (Buyer)

When you place a Reservation on a Listing, you authorize PERCH to charge $1,000 USD to your payment method (“Reserve Deposit”). The Reserve Deposit is allocated as follows:

• $925 refundable Reserve deposit — refunded in full within 14 days of your written request if (a) you have not yet signed a definitive purchase contract, OR (b) your intended installation site has not cleared local zoning, permitting, or utility review as documented by PERCH’s Land Check or by a governmental authority.
• $75 non-refundable Land Check retainer — pays for the PERCH Land Check pre-scan of your installation address (zoning, setbacks, utility feasibility, code review), delivered by email within 24 hours of your Reservation. The retainer is earned once PERCH has carried out that review and sent you the result. It is returned in the three cases set out in Refund Policy §1: PERCH cannot arrange a workable delivery route, Land Check gave an affirmative result that proves wrong, or your site fails zoning, permitting, or utility review.

A Reservation is not a purchase, is not a binding contract to purchase, is not a warranty, is not a construction contract, and does not create any real-property interest. It is a queue placement and a signal of intent. The definitive purchase contract, financing, and full escrow follow separately after your kickoff call and Land Check delivery, typically within 5 business days.

Chargebacks: you agree to contact PERCH first if you dispute any charge and to refrain from filing a chargeback with your card issuer while PERCH is in good-faith communication with you. You waive chargeback rights other than for unauthorized use of your card.

5. Listings and Builder representations (Builder)

By posting a Listing you represent and warrant that: (a) you have full legal right to sell the Home, (b) all photographs, plans, specifications, and materials you upload are yours or you have license to display them on PERCH, (c) all price, dimensions, materials, timeline, and warranty information is accurate and current, (d) you hold all licenses, insurance, and certifications required in your operating jurisdictions, and (e) you will honor pricing and terms as displayed for any Reservation received.

PERCH may remove, modify, or refuse any Listing at its sole discretion, including for policy violations, misrepresentations, or failure to maintain required Builder Profile documentation (insurance certificates, business licenses, etc.).

6. Success fee and pricing (Builder)

For each closed sale of a Third-Party Listing arranged through the Service, PERCH is entitled to a success-fee fee calculated per the tiered schedule published on the /pricing page and incorporated here by reference. Rates vary by product category and unit price band. Founding-cohort Builders receive locked success-fee protection as separately disclosed in writing. Optional add-ons (Featured Homepage, Boost, Email Blast, Video Enable, etc.) are billed separately per the /pricing schedule. Subscription tier fees for the Builder Suite are billed monthly in advance. Payment failures may result in Listing suspension.

7. HOLD HARMLESS, RELEASE, AND INDEMNIFICATION FOR TRANSPORT, DELIVERY, AND INSTALLATION

This Section 7 is the most important provision in these Terms. Read it carefully.

To the fullest extent permitted by law, you (Buyer or Builder) release, indemnify, defend, and hold harmless PERCH, its officers, directors, employees, contractors, agents, affiliates, and successors (the “PERCH Parties”) from and against any and all claims, demands, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and expert-witness fees) of every kind and nature, whether known or unknown, foreseen or unforeseen, arising out of or in any way relating to:

1. The design, engineering, manufacture, materials, workmanship, structural adequacy, wind rating, seismic rating, or fitness of any Home;
2. Any defect, malfunction, or failure of any Home, its components, systems, appliances, or finishes;
3. The transport of any Home from the factory or staging yard to the delivery site, including but not limited to route planning, escort vehicles, bridge or overhead clearance issues, road damage, or accidents en route;
4. The delivery, off-loading, staging, or placement of any Home at the site;
5. The crane set or lift operation used to place any Home on its foundation, including crane operator error, rigging failure, crane collapse, or property damage caused by the crane;
6. The installation, assembly, marriage-line seal, siding completion, mechanical connection (plumbing, electrical, HVAC), or button-up of any Home;
7. Any bodily injury, illness, or death sustained by any person during transport, delivery, off-loading, staging, crane set, installation, connection, or button-up;
8. Any damage to the delivery site, driveway, landscaping, adjacent property, utility lines, or infrastructure occurring during transport, delivery, or installation;
9. Any delay, cancellation, weather event, force majeure, or failure of delivery or installation to occur on the scheduled date;
10. Any failure of the Buyer’s site, foundation, crane pad, driveway, utility hookups, permits, inspections, or governmental approvals to accommodate the Home;
11. Any action, omission, negligence, or misconduct of any Builder, contractor, subcontractor, transporter, crane operator, engineer, inspector, permitting authority, or third party involved in the sale, transport, delivery, or installation of the Home;
12. Any dispute between Buyer and Builder, or between Buyer or Builder and any third party;
13. Any breach by you of these Terms, any warranty by you, or any misrepresentation by you.

You expressly acknowledge and agree that the PERCH Parties do not physically transport, deliver, install, or assemble any Home. All such activities are performed by independent Builders, contractors, transporters, crane operators, and installers. PERCH’s role is limited to online marketplace facilitation and (for PERCH-Branded Listings) contracting with the Buyer for the sale, with the manufacturer of record separately performing all manufacturing and warranty obligations.

8. Insurance requirements (Buyer)

You represent, warrant, and covenant that you shall, at your sole cost and expense, obtain and maintain in force: (a) adequate builder’s risk insurance during construction and delivery, in an amount not less than the full purchase price of the Home, naming PERCH as an additional insured upon reasonable request; and (b) standard homeowners insurance (HO-3 or equivalent) upon occupancy, in an amount adequate to cover the Home and site.

9. Insurance requirements (Builder)

Each Builder must maintain and provide to PERCH proof of: (a) general liability insurance of not less than $1,000,000 per occurrence / $2,000,000 aggregate; (b) product liability insurance of not less than $1,000,000 per occurrence; and (c) any additional coverages required by law in the Builder’s operating jurisdictions. PERCH reserves the right to require additional coverage minimums for Featured or PERCH-Certified Builders. Failure to maintain insurance is grounds for immediate Listing suspension and PERCH-Certified badge revocation.

10. Warranties — and disclaimers

PERCH makes no warranties of any kind, express or implied, regarding any Home. All warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and warranties arising from course of dealing, course of performance, usage of trade, or in law, are hereby DISCLAIMED by PERCH to the fullest extent permitted by law. All warranties on any Home are provided directly by the Builder or the manufacturer of record to the Buyer as separately documented in the purchase contract or manufacturer warranty document. The Service and any PERCH tools (Land Check, PERCH Index, Financing Finder, Wren, etc.) are provided “AS IS” and “AS AVAILABLE.” PERCH does not warrant that the Service will be uninterrupted, error-free, or that any output will be accurate, current, or complete.

11. Limitation of liability and damages cap

In no event shall the PERCH Parties be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, business, opportunity, data, goodwill, cost of substitute goods or services, or property damage, whether based in contract, tort (including negligence), strict liability, warranty, statute, or otherwise, even if PERCH has been advised of the possibility of such damages.

PERCH’s aggregate liability to you for any and all claims arising out of or relating to these Terms, the Service, any Listing, any Reservation, any transport, delivery, or installation shall not exceed the greater of (a) the total fees actually paid by you directly to PERCH (excluding pass-through payments to any Builder) in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Nothing in this Section limits liability that cannot be limited by law (for example, liability for gross negligence, willful misconduct, or fraud).

12. Intellectual property + your uploaded content

The PERCH name, wordmark, logos, editorial content, design system, and software are the intellectual property of PERCH, Inc. You may quote short excerpts (under 150 words) with attribution and a link back. You may not reproduce, distribute, or create derivative works of PERCH content at scale without prior written permission.

You retain full ownership of content you upload (photos, plans, specifications, videos, comments). By uploading, you grant PERCH a worldwide, non-exclusive, royalty-free, sublicensable license to host, display, cache, transmit, and reasonably reformat that content solely for the purpose of operating the Service and displaying your Listing. You may remove your content at any time; removal takes effect within 24 hours across public PERCH surfaces. PERCH will not reproduce, manufacture from, or sublicense your engineering or floor-plan drawings for any purpose other than displaying your Listing.

13. Payment processing

Payments are processed by Stripe (Stripe, Inc.). Card details never touch PERCH servers. Your payment is also subject to Stripe’s applicable terms. Refund requests, if disputed by PERCH, will be resolved in accordance with these Terms and the specific product terms disclosed at the point of sale.

14. Termination

You may stop using the Service at any time. You may cancel a paid subscription at any time; the cancellation takes effect at the end of the current billing period. PERCH may suspend or terminate your access at any time, with or without notice, if we reasonably believe you have violated these Terms or applicable law, or to protect the Service, other users, or PERCH itself. Sections that by their nature should survive termination will survive (including intellectual property, disclaimers, hold-harmless, indemnity, limitation of liability, arbitration, governing law).

15. Dispute resolution — binding arbitration and class-action waiver

Please read this Section carefully. It affects your rights.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, any Listing, any Reservation, any Home, or any transport, delivery, or installation shall be resolved by binding arbitration administered by JAMS (or its successor) under its Streamlined Arbitration Rules and Procedures in effect at the time the arbitration is filed. The arbitration shall take place in Atlanta, Georgia. The arbitrator’s decision shall be final and binding.

Class-action waiver: you agree that any arbitration shall be conducted only on an individual basis. You waive any right to bring or participate in a class action, class arbitration, mass action, or private-attorney-general action against PERCH. Exception: this waiver does not apply to any right that cannot be waived under applicable law.

Small-claims exception: either party may bring an individual action in small-claims court in Atlanta, Georgia, as an alternative to arbitration, for disputes within that court’s jurisdictional limits.

16. Governing law and venue

These Terms are governed by the laws of the State of Georgia, USA, without regard to conflicts-of-laws principles. Any judicial proceeding permitted under these Terms shall be brought exclusively in the state or federal courts located in Fulton County, Georgia, and you consent to personal jurisdiction there.

17. Force majeure

Neither party shall be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by an event beyond that party’s reasonable control, including without limitation acts of God, natural disasters, weather events, pandemic, war, terrorism, civil unrest, government action, labor disputes, supply-chain disruption, transportation failures, utility failures, or infrastructure failures. Payment obligations that have already accrued are not excused by this Section.

18. Changes to these Terms

PERCH may update these Terms from time to time. Material changes will be posted at the top of this page and, where appropriate, communicated by email. Continued use of the Service after changes take effect constitutes acceptance. The version in effect at the time of your acceptance governs each Reservation, Listing, or Subscription unless a later version is expressly agreed to by both parties in writing.

19. Notices + contact

Notices to PERCH: hello@ownperch.com. Legal notices should also be sent to the postal address available on written request. Notices to you: sent to the email address on file for your account.

20. Entire agreement + severability

These Terms, together with any product- or service-specific terms disclosed at the point of use, and any separately signed Builder Master Services Agreement or Purchase Contract, constitute the entire agreement between you and PERCH. If any provision is held unenforceable, the remaining provisions remain in full force and effect. PERCH’s failure to enforce any provision does not waive that provision.

Draft notice: This is a first-draft agreement, engineered by the PERCH founding team, pending review by outside counsel. It will be replaced by the attorney-reviewed final version, at which time you will be notified. Nothing in this draft is intended as legal advice, and you should consult your own attorney before relying on any provision.