Terms of Service

Last updated: 7 September 2026

1. Who these terms are between

These Terms govern your use of PergolaProof, a hosted AI backyard visualizer and lead-management service for outdoor-living contractors.

"We" and "us" means Fleet and Fury LLC, a Wyoming limited liability company, which operates PergolaProof and is the party you are contracting with. "You" means the contractor business named on the account. If you accept these Terms on behalf of a business, you confirm you are authorized to bind it.

You may see the name Freshpixl on our marketing and in the product. That is a brand we trade under; the contracting party and the entity that bills you is Fleet and Fury LLC, and that is the name that will appear on your card statement.

2. Accounts and access

Accounts are provisioned by invitation. You are responsible for activity under your account and that of team members you invite, and for keeping credentials secure. You must give us accurate business, contact, and catalog information — the service builds renders from what you supply, so inaccurate catalog content produces inaccurate renders.

3. Fees and billing

A one-time setup fee is charged at onboarding, together with your first month of subscription, as set out in your order summary. Your subscription then continues on a monthly basis, billed one month after your visualizer goes live, and includes 500/mo image generations and 10/mo video credits. A render video uses video credits according to its resolution; the credits each resolution uses are shown before you generate a video. Unused monthly allowance does not carry over between billing periods.

Usage beyond your monthly allowance draws from a separate credit balance shown on your dashboard: $0.50 per image and $6 per video credit past the included amounts. You can add credit to that balance at any time from your dashboard. If your credit balance reaches $0, renders and videos beyond your plan simply won't run until credit is added — your visualizer keeps working within your monthly allowance regardless. You can optionally turn on auto-reload so your balance tops up automatically before it runs out, so your visualizer never pauses for this reason; auto-reload is off by default and can be switched on or off at any time. Payments, invoices, and your card on file are managed through Stripe via your dashboard's Manage Billing page; we do not store card numbers.

The features included in your plan are the ones agreed during your onboarding call. Any exclusive or custom terms agreed separately are recorded in the "Additional Terms" section of your onboarding plan page, and where your order summary or plan page conflicts with this general description, that document governs for your account. Custom feature work outside your standard plan is quoted and billed separately based on scope.

All fees paid under these Terms — setup, subscription, and usage — are non-refundable, except where a guarantee or refund scheme is specifically stated in your Additional Terms, which governs for your account where it applies.

Once you upload your catalog, we typically need about 14 business days to train your visualizer before it goes live. We'll email you when it's ready. If we can't complete training because information is missing from your catalog, we'll reach out by email or phone to get what we need, and the 14-day estimate resumes from there — we're not responsible for delays caused by incomplete catalog information on your end.

Fees are exclusive of any sales, use, or similar tax; you're responsible for those (not for taxes on our income). If a payment fails, we'll attempt to notify you and retry the charge; if it isn't resolved within a reasonable period, we may suspend your visualizer until the balance is settled.

We may raise the $150/mo subscription price over time — for example if our underlying infrastructure costs increase. Any increase will be reasonable and proportionate, and we'll email current customers, and reflect updated pricing for new customers, at least 30 days before it takes effect.

You can cancel at any time from your dashboard. On cancellation your visualizer stops rendering at the end of the current billing period, and your dashboard becomes read-only with lead export retained so you keep your data. Fees already paid are not pro-rated.

4. Who owns what

Yours. Your catalog photos, product information, logo, and branding stay yours. You keep the lead records generated through your visualizer. You grant us a licence to use that content solely to operate the service for you — build your visualizer, generate renders, and deliver your leads.

Ours. The platform, dashboard, widget, and underlying prompts and models stay ours. These Terms grant you the right to use the service, not to copy or resell it.

Renders. A render is generated from a homeowner's photo and your catalog. You may use renders to quote and market to that homeowner. Because renders are derived from a photo of someone's property, do not publish one in general advertising without that homeowner's permission.

We may reference your business name and logo as a customer, and use anonymized, non-identifying usage statistics to improve the service. If you would rather we did not name you publicly, email support@pergolaproof.com and we will stop.

5. Homeowner data and your responsibilities

Homeowner contact details and property photos submitted through your visualizer are collected for you and processed on your instructions. You are responsible for that data as the business that collects it; we handle it on your behalf under the Data Processing Addendum, and our handling is described in the Privacy Policy. Beyond the infrastructure and processing providers named in our Privacy Policy, we do not share your leads' names, contact details, traffic sources, or marketing channels with any other third party.

You are responsible for how you contact the homeowners you receive. Calling and texting consumers is regulated in the United States, and a homeowner submitting the form on your visualizer is not by itself consent to every kind of marketing. Follow the applicable rules, honour opt-outs, and do not load leads into automated dialling or bulk-texting systems without checking your obligations first.

Alerts you receive from us. We email you about your account — new leads, quota warnings, and billing notices. You can turn lead alerts off in your dashboard, though notices about billing and your account will still be sent, since they are part of running the service.

6. Acceptable use

Do not upload unlawful, infringing, or explicit content. Do not upload photographs of a property without the right to do so. Do not misuse the render pipeline, attempt to defeat rate limits or content moderation, or embed the widget on domains you have not registered with us. We may rate-limit, moderate, suspend, or remove content to protect the service and its users.

7. Renders are previews, not plans

Renders are AI-generated illustrations produced to help a homeowner picture an outcome. They are not architectural drawings, engineering specifications, or construction documents, and they do not represent exact dimensions, materials, structural adequacy, or code compliance. You are responsible for what you quote and what you build. Do not present a render to a customer as a construction specification.

8. Availability and support

We aim to keep the service available and to respond to support requests promptly, and during your founding period we provide direct support. We do not commit to a specific uptime percentage, and the service may be unavailable during maintenance or because of a failure at one of the providers listed in our Privacy Policy. If you experience an outage or ongoing disruption, contact support.

9. Term and termination

These Terms run while your account is open. You may cancel at any time from your dashboard. We may suspend or terminate an account for breach of §6, for non-payment, or if required by law — and, other than where the breach is serious or unlawful, we will give you notice and a reasonable chance to fix it first. On termination you can export your leads; §4, §10, §11 and §13 survive.

10. Warranties and liability

The service is provided "as is," without warranties of any kind to the maximum extent permitted by law. We do not warrant that the service will generate any particular number of leads or any revenue.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost business opportunity. Our total aggregate liability arising out of the service is limited to the fees you paid us in the twelve months before the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited by law, including for fraud.

11. Indemnity

You will defend and indemnify us against third-party claims arising from content you upload, from your use of leads and renders — including how you contact homeowners — and from your breach of §5 or §6. We will defend and indemnify you against third-party claims that the service itself infringes their intellectual property rights.

12. Changes to these terms

We may update these Terms. For material changes we will notify the account owner before they take effect, and continued use afterwards constitutes acceptance.

13. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in the State of Wyoming. Before filing, we each agree to try to resolve the dispute by talking to the other for 30 days.

14. General

These Terms, together with the DPA and your order summary, are the entire agreement between us on this subject. If a provision is unenforceable, the rest stands. Failing to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to a successor to our business.

Where your order summary and these Terms conflict on the commercial terms of your specific deal, your order summary governs.

15. Contact

support@pergolaproof.com for support. legal@pergolaproof.com for legal notices.