Terms of Use

Important: These Terms govern your use of the PERCH Service, including any Reservation you place and any Home you purchase. Please read carefully. By clicking “I agree” on any consent surface, by placing a Reservation, 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 inquiring about the purchase of a Home.
• “Home” — a factory-built modular home from the PERCH catalog (The Nest, The Bough, The Aerie, and The Bloom, and any home PERCH later adds to its catalog), sold by PERCH and built to order.
• “Product Page” — the page on the Service that presents a Home, its price, specifications, and delivery terms.
• “Production Network” — the independent, state-licensed modular manufacturers that PERCH contracts with to build PERCH Homes.
• “Partner Manufacturer” — the manufacturer in the Production Network assigned to build your Home, generally the one nearest your land that is approved to build to your state’s modular code. Your Partner Manufacturer is the manufacturer of record and is named in your Purchase Contract.
• “Reservation” — the $1,000 deposit-based build-slot hold placed by a Buyer for a specific Home, governed by Section 4.
• “Purchase Contract” — the definitive written agreement between you and PERCH for the purchase of your Home.

2. What PERCH is — and what PERCH is not

PERCH is a housing on-demand platform. PERCH owns a catalog of factory-built homes and sells them directly to you. Each Home is built to order by a Partner Manufacturer in the PERCH Production Network. PERCH does not host listings from independent builders or third-party sellers. For clarity:

• PERCH is the seller of record for every Home sold on the Service and is the party contracting with you under your Purchase Contract.
• Your Partner Manufacturer is the manufacturer of record. PERCH routes your order to the Partner Manufacturer nearest your land that is approved to build to your state’s modular code. Your Home is built in that manufacturer’s factory and inspected by a third-party inspection agency before it ships. The Partner Manufacturer is named in your Purchase Contract before you pay beyond your Reservation deposit, and it bears manufacturer product-liability and manufacturer-warranty obligations.
• PERCH does NOT physically manufacture, transport, deliver, install, assemble, or connect any Home. Where a Home’s published price includes delivery, PERCH arranges and pays for transport by a licensed carrier, and the carrier performs it (see the Shipping & Delivery Policy).
• 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 or purchase a Home. 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, pre-production payment, and production (Buyer)

Your Home purchase moves through three payment stages in strict order. Understanding the stages is essential to understanding what is and is not refundable.

1. Stage A — Reservation ($1,000). When you place a Reservation on a Home, you authorize PERCH to charge $1,000 USD to your payment method to hold your build slot in the queue. A Reservation is not a purchase, not a binding contract to purchase, not a warranty, not a construction contract, and does not create any real-property interest. It is a queue placement and a signal of intent.
2. Stage B — Pre-production payment (20% of contract price). After your kickoff call, Land Check delivery, and signed definitive Purchase Contract, PERCH invoices you for a pre-production payment equal to twenty percent (20%) of the contract price of the Home (for example, $25,800 on a $129,000 Nest). PERCH’s receipt of the Stage B payment is the operational trigger that causes your Partner Manufacturer to allocate materials and open your factory slot. You should not submit the Stage B payment until financing is secured, your Land Check has cleared, and you are prepared to move forward.
3. Stage C — Production and milestones. Production begins immediately upon PERCH’s receipt of the Stage B payment. Subsequent milestone payments are governed by your Purchase Contract and released from licensed escrow against dated factory proof plus your digital sign-off.

Refund rules — strict, sequenced, and unwaivable except as expressly stated.

• Stage A (Reservation) is refundable up to $925 (the $1,000 deposit less the $75 non-refundable transaction-processing fee) at any time (a) within 14 days of Reservation, or (b) before PERCH has received Stage B, whichever comes first. If your site fails zoning, permitting, or utility review as documented by Land Check or a governmental authority, the full $1,000 is refundable regardless of window.
• Stage B (pre-production payment) is refundable only under a narrow set of conditions: PERCH has received the payment, the manufacturer has not yet begun production, and you request the refund in writing within 72 hours of PERCH’s payment-receipt confirmation. Outside those three conditions, Stage B is non-refundable.
• Once production has started, no amount previously paid or scheduled to be paid is refundable. This includes the Stage A Reservation, the Stage B pre-production payment, and any milestone payments already released. Materials procured, factory labor allocated, sub-contractor bookings, freight bookings, crane bookings, and every other committed input are sunk costs that PERCH cannot recover. This mirrors traditional home construction practice — once the foundation is poured, or (for factory-built) once the assembly line pulls your materials, the money spent is spent.

“Production has started” is defined in Section 1.4 of the PERCH Refund Policy. In summary: the earliest of (i) manufacturer confirmation that materials have been drawn and your slot assigned, (ii) the manufacturer’s scheduled cutting or framing kick-off date, or (iii) PERCH’s receipt of the Stage B payment where the manufacturer has confirmed production will commence within seven days. PERCH will notify you by email within 24 hours after any of these occurs.

Custom, build-to-order product. A PERCH Home is custom-manufactured to your order. Under the Federal Trade Commission’s Cooling-Off Rule (16 CFR Part 429) and the analogous provisions of most state consumer protection statutes, custom-manufactured goods are expressly excluded from mandatory return / cooling-off windows. To the maximum extent permitted by applicable law, you waive any right to unwind your Reservation, Purchase Contract, Stage B payment, or milestone payments beyond the specific refund rights set out above and in the Refund Policy. Nothing in this Section is intended to waive any right that cannot be waived by contract under applicable law.

Post-production transfer — the only out. If your circumstances change after production has started, you may, subject to PERCH approval and a $1,500 administrative transfer fee, assign your build slot and Purchase Contract to a qualified third party. This is not a refund. See Section 1.7 of the Refund Policy for the transfer procedure and PERCH’s standard grounds for withholding approval.

Scenarios that do not create refund rights after production starts — non-exhaustive: change of mind; financing that falls through after Stage B; site issues discovered or arising after Stage B; buyer inability or unwillingness to accept delivery on the scheduled date (schedule extends, storage fees may accrue per Purchase Contract, Home is still owed and paid for); weather, force majeure, government action, or supply-chain disruption that delays but does not cancel your build; buyer death or incapacity (the Purchase Contract binds the estate; the slot is transferable to heirs but not refundable). See Sections 1.5 and 1.6 of the Refund Policy for the complete list and for the manufacturer-default and material-misrepresentation scenarios that do create refund rights.

Controlling document. Reserve deposits, pre-production payments, and milestone payments are governed in detail by the PERCH Refund Policy. In the event of any conflict between this Section 4 and the Refund Policy, the Refund Policy controls with respect to refund timing, refund eligibility, transfer procedure, and the definition of “production has started.”

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. The PERCH Production Network

Every Partner Manufacturer in the PERCH Production Network is contracted to PERCH under a separate written manufacturing agreement. Under that agreement each Partner Manufacturer must: (a) hold the state licenses, modular-program approvals, and third-party inspection-agency relationships required to build and label Homes for the state where your land is located; (b) build your Home to the plans, specifications, and finishes PERCH publishes on the Product Page and confirms in your Purchase Contract; (c) maintain the insurance described in Section 9; and (d) issue the manufacturer warranty described in your Purchase Contract.

PERCH assigns each order to a Partner Manufacturer based on distance to your land and approval to build to your state’s code. PERCH may reassign an order to another Partner Manufacturer before production starts, at no cost to you, and will notify you in writing if it does. Manufacturing agreements are between PERCH and each Partner Manufacturer; they do not make you a party to, or give you obligations under, those agreements.

6. Pricing and what the price includes

The price shown on a Product Page is the price of the Home, built to order and delivered to your prepared site anywhere in the contiguous 48 states and Washington, D.C. Site preparation, foundation, crane set, installation, utility connections, permits, and local fees are not included unless your Purchase Contract says so. Prices, specifications, and availability may change before you sign a Purchase Contract; the price stated in your signed Purchase Contract is the price you pay. PERCH does not charge you any commission, listing fee, or platform fee in addition to the Home price and the fees disclosed at checkout.

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 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 manufacturer, 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 you and any carrier, crane operator, installer, contractor, or other third party you engage or that is engaged for your site work;
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 Partner Manufacturers, licensed carriers, crane operators, installers, and contractors. PERCH’s role is to sell you the Home, route your order to a Partner Manufacturer, process payment and escrow, and arrange delivery through licensed carriers, with the Partner Manufacturer separately performing all manufacturing and manufacturer-warranty obligations. Nothing in this Section 7 releases PERCH from its own obligations as seller under your Purchase Contract, or from liability for its own fraud, gross negligence, or willful misconduct.

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 carried by the Production Network

PERCH requires each Partner Manufacturer to maintain, and to provide 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 jurisdictions where it builds. PERCH requires each carrier it engages for delivery to carry cargo insurance covering the Home in transit. Certificates for the parties on your build are available on request before you sign your Purchase Contract. A Partner Manufacturer that fails to maintain required insurance is removed from order routing until coverage is restored.

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 Partner Manufacturer (the manufacturer of record) to the Buyer, as documented in your Purchase Contract and the manufacturer warranty document, together with any HomeCare Plus coverage described in your Purchase Contract. 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 Home, 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 amounts PERCH pays through to Partner Manufacturers, carriers, and escrow agents on your behalf) 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 (site photos, surveys, documents, comments). By uploading, you grant PERCH a non-exclusive, royalty-free license to host, store, and share that content with your Partner Manufacturer, carrier, and contractors solely to deliver your Home and operate the Service. PERCH will not publish your uploaded content without your permission. You may ask PERCH to delete your content at any time, subject to records PERCH must keep for an active Purchase Contract or by law.

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. Stopping use of the Service does not cancel a Reservation or Purchase Contract; cancellation and refunds are governed by Section 4 and the Refund Policy. 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 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 and Purchase Contract 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 your signed 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.