Terms of Service

Last updated: November 7, 2026

These Terms are an agreement between XBG Legacy LLC, doing business as Eavey(“Eavey,” “we,” “us”) and the business that creates an Eavey account (“you”). By creating an account or using Eavey, you agree to these Terms and our Privacy Policy. If you use Eavey for a company, you confirm you're authorized to bind it.

1. The service

Eavey is software for roofing and home-improvement contractors to manage leads, customers, insurance claims, estimates, invoices, and customer communication. We may improve or change features over time. Eavey is a software tool only: we are not a contractor, insurer, insurance adjuster, public adjuster, law firm, or financial institution.

2. You review and submit. Eavey suggests.

Everything Eavey produces is a suggestion or a draft for you to review. You decide what to use, edit, send, or submit, and you are solely responsible for it. This includes AI-assisted features such as scope reviews, supplement drafts, photo observations, and estimate drafts (“AI Output”). In particular:

  • AI Output may be incomplete, inaccurate, or out of date. It can miss items, suggest items that aren't needed, or misstate code or other requirements. You must check it against your own inspection, measurements, applicable codes, and manufacturer requirements before relying on it.
  • AI Output is not legal, insurance, adjusting, engineering, or tax advice, and it is not an inspection or a determination of the cause of damage.
  • Eavey never contacts insurers, adjusters, or homeowners about a claim on your behalf, and does not negotiate or decide any claim. Anything sent to an insurer is sent by you, under your name, after your review.
  • We don't guarantee any result, including that any insurer will approve, pay, or increase any claim, or that Eavey will identify every item, error, or amount.

3. Your responsibilities

You are responsible for your business and how you use Eavey, including:

  • Holding the licenses your work requires and putting your license information on your contracts and bids.
  • Complying with the laws that apply to you, including home-repair, roofing, consumer protection, insurance, privacy, and texting laws (such as the Telephone Consumer Protection Act).
  • Not representing homeowners on insurance claims. You use Eavey to document and support your own scope of work. You will not use it to act as a public adjuster or to negotiate claims on a homeowner's behalf where the law doesn't permit it.
  • Getting and keeping any consent required to text, call, or email the people you contact through Eavey, honoring opt-outs, and making sure the information you collect on your own forms is accurate.
  • The accuracy of everything you enter, send, or submit, and keeping your account credentials secure.

4. Prohibited uses, including fraud

You may not use Eavey to:

  • Submit false, inflated, or misleading information to any insurer or homeowner, including charging for work not performed or materials not installed, fabricating or altering photos or documents, or misrepresenting damage or its cause.
  • Pay, waive, rebate, or promise to cover any part of an insurance deductible where the law prohibits it.
  • Send spam, or text or call people without the consent the law requires.
  • Harass anyone, violate anyone's rights, or break any law.
  • Access another customer's data, probe or disrupt the service, reverse-engineer it, or resell or copy it to build a competing product.

We may suspend or terminate accounts we reasonably believe violate this section, and we may cooperate with insurers, regulators, or law enforcement investigating fraud.

5. Your data

  • You own your data:the information you and your customers put into Eavey (“Customer Data”). You give us permission to host, process, transmit, and display it to provide, secure, and support the service, and to send messages you initiate or configure.
  • De-identified and usage data.We may create de-identified and combined data from Customer Data and from how the service is used. That means information that doesn't identify you, your customers, or any individual or property, such as line-item patterns, scope and supplement outcomes, carrier response times, approval rates, feature usage, and AI accuracy. We may use it for any lawful purpose, including improving and developing our products, training and evaluating machine-learning models, research, and industry benchmarks. We own that de-identified data. We will not sell Customer Data, or disclose it in a form that identifies you or any individual, except as described in these Terms and our Privacy Policy.
  • Feedback. If you send us ideas or suggestions, we may use them without obligation to you.
  • Export and deletion. You can export your data at any time. After your account is canceled and your paid period ends, you have 30 days to export it. We then delete it within the following 30 days, except for records we must keep by law (such as texting-consent records, kept up to five years). Routine backups expire on their normal schedule.
  • Security. We use reasonable safeguards to protect Customer Data. If we learn of a breach affecting your Customer Data, we will notify you without undue delay.

6. Plans, billing, and refunds

  • Paid plans are billed in advance, monthly or annually, through our payment processor. Fees exclude taxes.
  • Monthly plans can be canceled anytime. Cancellation takes effect at the end of the current month, with no refunds for partial months.
  • Annual prepaid plans:if you cancel, we refund the unused full months, calculated at the monthly rate (any annual discount isn't refunded).
  • Setup or onboarding fees are non-refundable once the work has started.
  • We may change prices with 30 days' notice. A price we've agreed to lock in writing is locked for the stated period (never more than 12 months).
  • Free pilots and trials are provided as-is for the agreed period and may end at any time. Unless agreed in writing, a pilot converts to a paid plan only if you choose to continue.
  • Eavey bills you only for your Eavey subscription. Eavey does not collect or hold payments from your customers.

7. Third-party services

Eavey relies on third-party providers (for example hosting, AI models, texting, email, and payments). Their availability and accuracy are outside our control, and we're not responsible for them. Messages may be delayed or not delivered by carriers.

8. Disclaimers

EAVEY AND ALL AI OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, AND WE DON'T WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

9. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR BUSINESS. THIS INCLUDES ANY INSURANCE PROCEEDS, SUPPLEMENT AMOUNTS, OR OTHER MONEY THAT WAS NOT IDENTIFIED, CLAIMED, APPROVED, OR COLLECTED, and any outcome of a decision you made using AI Output; and (b) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO EAVEY IS LIMITED TO THE GREATER OF THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR ONE HUNDRED DOLLARS ($100). These limits don't apply to your payment obligations or your obligations under section 10.

10. Your indemnity

You will defend and indemnify Eavey and its owners and team against claims, losses, fines, and costs (including reasonable attorneys' fees) arising from: your use of Eavey; anything you send, submit, or invoice, including to insurers and homeowners; your messages and calls, including consent and opt-out compliance; your work; your Customer Data; or your breach of these Terms or the law.

11. Term, suspension, and termination

These Terms apply while you use Eavey. You may cancel anytime. We may suspend or terminate your access for non-payment, a breach of these Terms, or to protect the service, other customers, or the public, with notice where reasonable. Sections 2, 4, 5, and 8–13 survive termination.

12. Disputes

These Terms are governed by the laws of the State of Illinois. Any dispute will be brought only in the state or federal courts located in Cook County, Illinois, and both parties consent to their jurisdiction. Either party may bring a qualifying claim in small-claims court. Each party waives any right to a jury trial, and claims may be brought only individually, not as a class or representative action.

13. General

We may update these Terms. For material changes we'll notify you at least 30 days in advance; continuing to use Eavey after the effective date means you accept them. These Terms (with any signed order or pilot agreement, which controls if it conflicts) are the entire agreement on this subject. If any part is unenforceable, the rest stays in effect. You may not assign these Terms without our consent; we may assign them in a merger or sale of our business. Neither party is liable for delays caused by events beyond its reasonable control.

Contact

XBG Legacy LLC, doing business as Eavey · support@eaveyapp.com

Terms of Service · Privacy Policy · Texting Terms