DRAFT — reviewed against Build With A Plan's actual offer and guarantee language, but not yet reviewed by a licensed attorney. Do not treat as final until counsel signs off.

Terms of Service

Last updated: September 7, 2026

The website located at buildwithaplan.com (the “Site”) and the Backyard Wealth Package and other design and permitting services offered through it (the “Services”) are owned and operated by Buildwithaplan LLC, a Delaware limited liability company (“Company,” “we,” “us,” or “our”).

These Terms of Service (“Terms”) govern your use of the Site and, where you purchase a Service, your engagement of the Company. By accessing or using the Site, submitting the feasibility or intake form, or purchasing a Service, you agree to these Terms on behalf of yourself or the entity you represent, and you confirm you have the authority to do so. You must be at least 18 years old to use the Site. If you do not agree to these Terms, please do not use the Site.

Please read Section 11 carefully. It contains an agreement to resolve disputes through binding individual arbitration instead of in court, and includes a waiver of class action rights and jury trial rights. You have 30 days to opt out of the arbitration agreement, as described in Section 11.

1. What the Company does — and does not do

The Company provides accessory dwelling unit (ADU) feasibility screening, architectural design, permit-ready construction documents, permit application management, and connections to third-party financing and construction partners. The Company does not perform construction. Every reference on the Site to building, constructing, or completing an ADU means connecting you to a vetted, independent, third-party builder — never that the Company itself performs construction work. The Company is not a licensed architect, structural engineer, general contractor, or land surveyor, except to the extent an individual engagement expressly states a licensed professional on our bench is providing stamped work for that project.

2. The Free Feasibility Study and the Services

Free Feasibility Study. Before you pay anything, the Company will assess whether your property appears to qualify for an ADU, using public records and the Company’s compliance database. If your property does not appear to qualify, you will not be charged. The Feasibility Study is an estimate based on available data and is not a substitute for a formal jurisdictional review, survey, or licensed professional’s opinion.
Paid Services. Where you purchase a package (including the Backyard Wealth Package), the specific scope, price, and payment schedule for that engagement are set out in the order confirmation or service agreement you sign before any charge is made. That document controls the specifics of your engagement; these Terms govern your use of the Site generally and apply to every visitor and customer.
Payment sequence. For any paid Service, payment is collected only after (a) the Feasibility Study confirms your property appears to qualify, (b) you have discussed scope with a Company representative, and (c) you have signed the applicable order confirmation or service agreement. The Company does not charge before that signature.
Permit fees. Any fee charged by a city, county, or other government agency to review or issue a permit is paid by you directly to that agency. The Company never collects, marks up, or otherwise touches your permit fees.

3. The guarantee — and what we do not promise

For the Backyard Wealth Package specifically: “We guarantee your construction documents will be permit-ready and accepted for submission by your city — or we revise them free until they are. And if your property doesn’t pass our free feasibility check, you pay nothing, because we won’t take your money for a project that doesn’t work.” This guarantee, and any package-specific guarantee referenced on the Site, applies to the deliverables the Company produces — not to outcomes the Company does not control.

The Company does not guarantee, and no representative is authorized to promise: that any permit will be approved by a city or county; that any financing application will be approved; that any construction project will be completed, completed on any timeline, or completed at any price; a specific achievable rental income or property value increase for your property; or a specific timeline for municipal plan review. Plan-check timelines are set by your city; the Company manages all responses and revisions but cannot control municipal review speed. Any rent or value figures shown on the Site are estimates based on comparable local data, presented as projections, not promises.

4. Third-Party Services and referrals

Financing and construction partners. The Company may connect you with third-party lenders, structural engineers, or construction contractors (“Partners”). Partners are independent businesses, not employees, agents, or joint venturers of the Company. The Company does not control, and is not responsible for, the quality, pricing, licensing status, or performance of any Partner’s work. Your agreement for financing or construction is directly with that Partner, not with the Company.
Other Third-Party Services. The Site may link to or embed third-party websites, payment processors, or tools. The Company does not control and does not endorse these Third-Party Services; your use of them is governed by that third party’s own terms and privacy practices.

5. Privacy

Your use of the Site is also governed by our Privacy Policy and Cookie Notice, incorporated into these Terms by reference. If there is a conflict between these Terms and the Privacy Policy regarding the collection, use, or processing of your personal data, the Privacy Policy controls.

5A. Buildwithaplan text-message program

Enrollment in the Buildwithaplan LLC text-message program is voluntary and is not a condition of purchasing any product or service. You may separately choose to receive (a) recurring informational and customer-care messages about your inquiry, feasibility results, appointments, and project updates, and/or (b) recurring automated marketing messages about ADU planning resources, service announcements, and special offers.

Message frequency varies for informational and customer-care messages. Marketing messages are limited to four per month. Message and data rates may apply. Reply STOP to cancel or HELP for help. You may also contact hello@buildwithaplan.com for assistance. Wireless carriers are not liable for delayed or undelivered messages. Your participation is governed by these Terms and our Privacy Policy.

6. Access to the Site

License. Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your own personal, non-commercial purposes of evaluating and purchasing the Services.
Restrictions. You may not: (i) license, sell, rent, lease, or commercially exploit the Site or its content; (ii) modify, reverse-engineer, or create derivative works from the Site; (iii) access the Site to build a competing product or service; or (iv) scrape, copy, or republish Site content except as expressly permitted. All copyright and proprietary notices must be kept intact on any copies you are permitted to make.
Changes to the Site. The Company may modify, suspend, or discontinue the Site or any feature at any time, with or without notice, and is not liable to you for doing so.
Ownership. All intellectual property in the Site — including its design, compliance database, feasibility engine, and content — belongs to the Company or its licensors. Nothing in these Terms transfers ownership of that intellectual property to you. Ownership of the final design deliverables you purchase is governed separately by your service agreement.
Feedback. If you send the Company feedback or suggestions about the Site, you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use it freely, without attribution or compensation.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, employees, and agents from claims and reasonable costs or attorneys’ fees arising out of (i) your use of the Site, (ii) your violation of these Terms, or (iii) your violation of applicable law. The Company may assume control of the defense of any such claim at your expense, and you agree to cooperate and not settle without the Company’s prior written consent.

8. Disclaimers

THE SITE AND THE FEASIBILITY STUDY ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WHERE APPLICABLE LAW REQUIRES WARRANTIES THAT CANNOT BE DISCLAIMED, THEY ARE LIMITED TO 90 DAYS FROM YOUR FIRST USE OF THE SITE.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) THE COMPANY WILL NOT BE LIABLE FOR LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF THE SITE; AND (B) THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE SITE ALONE (BEFORE ANY SERVICE PURCHASE) IS CAPPED AT $50. FOR A CLAIM ARISING FROM A PURCHASED SERVICE, LIABILITY IS GOVERNED BY THE LIMITATION-OF-LIABILITY CLAUSE IN YOUR SIGNED SERVICE AGREEMENT, WHICH CONTROLS OVER THIS SECTION FOR THAT ENGAGEMENT.

10. State-specific legal notices

This Section applies only to the extent you are subject to the law of the state identified.

California. California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 N. Market Blvd. Suite N112, Sacramento, CA 95834, (800) 952-5210. Under California Civil Code § 1789.3: the provider of the Site is Buildwithaplan LLC, 1007 N Orange St. 4th Floor Suite #2858, Wilmington, Delaware 19801. To file a complaint or request further information, contact us using the details in Section 13 below, or the Complaint Assistance Unit above. California residents may also have rights under the CCPA/CPRA — see our Privacy Policy.
Colorado, Connecticut, Virginia. Residents of Colorado, Connecticut, and Virginia may have additional rights under the CPA, CTDPA, and VCDPA respectively, including rights to opt out of targeted advertising, certain sales of personal data, and certain profiling. See our Privacy Policy.
Other states. The Company operates or intends to operate in Texas, Florida, Arizona, Colorado, Washington, and Oregon in addition to California. [CONFIRM: as the Company opens each new state, review that state's specific consumer-privacy and home-improvement-contract disclosure requirements and add provisions here before selling in that state.]

11. Dispute resolution — binding arbitration

Please read this section carefully. It affects your legal rights, including your right to sue in court and your right to a jury trial.

Applicability. Except for small-claims-eligible claims and requests for equitable relief related to intellectual property, you and the Company agree to resolve all disputes arising out of or relating to the Site, the Services, or these Terms through binding individual arbitration — not in court. This applies to claims that arose before you agreed to these Terms.
Try to resolve first. Before starting arbitration, send written notice to legal@buildwithaplan.com describing the dispute. The parties will attempt in good faith to resolve it within 45 days. If unresolved after 60 days, either party may start arbitration.
Arbitration rules. Arbitration is administered by JAMS (jamsadr.com). Claims under $250,000 use JAMS’ Streamlined Arbitration Rules; larger claims use JAMS’ Comprehensive Arbitration Rules. Unless the parties agree otherwise, arbitration is conducted in the county where you live, or, for a property-based dispute, the county where the property is located.
Waiver of jury trial and class actions. BY AGREEING TO ARBITRATION, YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL. ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS; NEITHER PARTY MAY BRING CLAIMS AS A CLASS REPRESENTATIVE OR CLASS MEMBER. If a court finds the class-action waiver unenforceable as to a specific claim, that claim may be litigated in state or federal court in Delaware; all other claims remain subject to arbitration.
Fees. Each party bears its own attorneys’ fees unless the arbitrator finds a claim frivolous or brought for an improper purpose.
Opt-out. You may opt out of this arbitration agreement within 30 days of first agreeing to these Terms by sending written notice to legal@buildwithaplan.com with your name, address, and a clear statement that you wish to opt out. Opting out does not affect the rest of these Terms.
Severability. If any part of this arbitration agreement is found invalid, it is modified to the minimum extent necessary to be enforceable; the rest remains in effect.

[CONFIRM with counsel: this Terms of Service uses the standard JAMS arbitration clause rather than the alternative AI-arbitration clause the source template also offers. JAMS was chosen as the more conventional, widely understood option for a home-services business — an attorney should confirm this is the right call, and confirm Delaware as the governing law and fallback venue below is correct given the Company's actual customer base and state of formation.]

12. General

Changes to these Terms. The Company may update these Terms from time to time. Material changes will be flagged by email or a prominent Site notice. Continued use of the Site after notice means you accept the updated Terms.
Governing law. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. For any claim not subject to arbitration under Section 11, you and the Company consent to the exclusive jurisdiction of the state and federal courts located in Delaware, except that either party may seek injunctive relief for intellectual property in any court of competent jurisdiction, and either party may bring an individual claim in small claims court.
Electronic communications. By using the Site, you consent to receive communications from the Company electronically. These satisfy any legal requirement for written notice.
Accessibility. The Company aims to conform to WCAG 2.1 Level AA. If you have difficulty accessing the Site, contact accessibility@buildwithaplan.com.
Entire agreement. These Terms, together with the Privacy Policy, Cookie Notice, and any signed service agreement, are the entire agreement between you and the Company regarding the Site. If any provision is found invalid, it is modified to the minimum extent necessary and the rest remains in effect. The Company’s failure to enforce a provision is not a waiver. You may not assign these Terms without the Company’s written consent; the Company may assign them freely.

13. Contact

Buildwithaplan LLC
1007 N Orange St. 4th Floor Suite #2858
Wilmington, Delaware 19801, United States
Email: legal@buildwithaplan.com