Terms of Service

1. Who we are and what these terms cover

"Mold Scanner AI," "we," "us," and "our" refer to Tested Media LLC, a Puerto Rico limited liability company doing business as "Mold Scanner AI." Correspondence, legal notices, and any notice required under these Terms (including DMCA notices and arbitration opt-outs) may be sent to us at hello@moldscanner.ai or to such postal address as we designate in writing on request. "You" and "your" refer to the individual accessing or using our Services.

"Services" means, collectively: (a) the website at moldscanner.ai and all subdomains; (b) our free educational tools, including but not limited to the Humidity Mold Risk Calculator, Is Black Mold Dangerous Quiz, HVAC Mold Inspection Checklist, Storm Damage Mold Timer, Post-Flood Mold Risk Checklist, Tenant Mold Complaint Letter + Photo Log, and Mold vs Mildew Photo Checker; (c) our email waitlist, newsletter, and transactional messaging; and (d) when launched, our mobile application and any paid features offered therein.

By accessing or using any of the Services, you agree to these Terms of Service ("Terms"), our Privacy Policy, and our Medical & Professional Disclaimer, each of which is incorporated by reference. If you do not agree, you must not use the Services.

2. Eligibility and age requirement

The Services are intended for users who are at least 13 years of age. If you are between 13 and the age of majority in your jurisdiction (typically 18), you may only use the Services with the involvement and consent of a parent or legal guardian, who will be bound by these Terms on your behalf.

The Services are not directed to children under 13. We do not knowingly collect personal information from children under 13. Where we have reason to believe a user may be under 13, we will block submission, delete any personal information we collected inadvertently, and direct the user to have a parent or legal guardian contact us. See our Privacy Policy for how we handle this.

You represent and warrant that you have the legal capacity and authority to enter into these Terms, and that your use of the Services does not violate any law applicable to you.

3. Description of services

3.1 Educational content

Our website publishes articles, guides, calculators, checklists, and illustrations about mold, moisture, indoor air quality, and related health topics. All content is for general educational and informational purposes only and is not a substitute for advice from a licensed professional.

3.2 Free tools

Our free tools are currently offered at no monetary charge while in beta. In exchange for access to the tool output (for example, a PDF report, a verdict, or a printable letter), you provide your email address and consent to receive the output by email and to receive related follow-up communications. You may unsubscribe from marketing communications at any time. We reserve the right to change, discontinue, or begin charging for any tool at any time.

3.3 Mold vs Mildew Photo Checker

The Mold vs Mildew Photo Checker accepts one or more photos you upload. Photos are transmitted to our AI processor for analysis, and a verdict report is returned to the email address you provide. Because photographic AI analysis has inherent limits (see Section 7), the verdict is not a diagnosis and must not be relied upon for medical, legal, insurance, or remediation decisions.

3.4 Important: not FDA-cleared

The Services, including any verdict, confidence score, or report we produce, have not been reviewed or cleared by the U.S. Food and Drug Administration. They are not a medical device. They are not clinically validated. See our Medical, Legal & Professional Disclaimer.

3.5 Waitlist for the 160-point mobile app

You may join our waitlist to receive notice when our mobile application launches. Joining the waitlist is free. Adding your email does not obligate you to purchase anything, and it does not obligate us to provide access. We will contact you at the email address you provide when onboarding opens in your region.

3.6 Future paid features

Pricing, billing terms, refund policy, and subscription terms for the mobile application and any paid features have not yet been finalized and are not offered by these Terms. When paid features launch, separate subscription terms will be presented at the point of purchase and, on acceptance, will supplement these Terms.

4. Accounts, waitlist, and email communications

You are responsible for the accuracy of any information you submit, including email addresses. You must not impersonate another person or provide false contact information.

Transactional email, when you submit your email to receive a specific tool output (for example, a PDF report or a mold-vs-mildew verdict), we will use that email to deliver the output you requested. This is a service email and not a marketing email. It is sent regardless of marketing preferences because you asked for it.

Marketing email (separate, unbundled consent), we will only send you educational content, product announcements, or promotional emails if you separately opt in (for example, by checking a clearly labelled box at signup, or by confirming your subscription via a double opt-in in your inbox). You can unsubscribe from marketing email at any time using the unsubscribe link in every marketing message, and unsubscribing will not affect your ability to receive the service emails you requested. We treat consent for marketing as granular and revocable; it is not bundled with access to the Services.

Our email practices comply with the U.S. CAN-SPAM Act; where applicable, Canada's CASL (which requires unbundled express consent for commercial electronic messages); and the EU and UK GDPR (under which consent must be freely given, specific, informed, and unambiguous).

5. Your content and license grant

"User Content" means any material you submit to the Services, including photos you upload, text you enter into free-tool inputs, questionnaire answers, email addresses, and any messages you send to hello@moldscanner.ai.

You retain ownership of your User Content. You grant Mold Scanner AI a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, transmit, process, display, and analyze your User Content solely for the purpose of operating the Services, delivering the output you requested, providing customer support, complying with law, and, where you separately opt in, improving the accuracy of our AI models on a de-identified basis.

You represent and warrant that (a) you have all rights necessary to submit your User Content and grant the license above, (b) your User Content does not infringe any third-party right (including privacy, publicity, or intellectual property rights), and (c) where your User Content depicts another person's property (for example, a rental you occupy), you have authority to submit photographs of that property for analysis.

We may, but are not obligated to, review, reject, or remove User Content that we reasonably believe violates these Terms or applicable law.

6. Prohibited uses

You agree not to, and not to permit any other person to:

• Use the Services in violation of any applicable law, regulation, or third-party right;
• Submit photos or content that contain illegal material, nudity, or personally identifying information of third parties without their consent;
• Use the output of the Services (including any verdict, score, report, PDF, letter, or explanation) as evidence in litigation, insurance claims, medical decisions, real-estate disclosures, or regulatory filings without independent professional verification;
• Hold the Services, the AI verdict, or any Mold Scanner AI output out as a certified mold inspection, medical diagnosis, or legal advice;
• Reverse-engineer, decompile, disassemble, scrape, or attempt to discover the source code, AI model weights, prompts, or training data of the Services;
• Use automated means (bots, crawlers, scripts, or AI agents) to access the Services, except for well-behaved search engine crawlers operating in accordance with our robots.txt;
• Use our content, outputs, or illustrations to train any artificial intelligence model or machine-learning system without our express written permission;
• Bypass, attempt to bypass, or assist others in bypassing any rate limit, usage cap, email gate, access control, or other technical measure we apply to the Services;
• Interfere with the operation, security, or integrity of the Services, including by introducing malware, denial-of-service attacks, or unauthorized penetration testing;
• Resell, sublicense, frame, or white-label any portion of the Services without our express written permission;
• Use the Services to generate misleading communications, defamatory content, or fraudulent reports against landlords, tenants, insurers, buyers, sellers, employers, or any third party.

7. AI limitations and no professional advice

Mold Scanner AI uses machine-learning models (including large multimodal models provided by third parties) to generate educational output from the photos and inputs you provide. AI output is probabilistic, not deterministic, and can contain errors, omissions, or confidently stated inaccuracies ("hallucinations").

The Services are expressly NOT:

• A medical device, diagnostic tool, or substitute for a licensed healthcare professional. See our Medical & Professional Disclaimer.
• A certified mold, indoor air quality, or industrial hygiene inspection. A phone camera cannot see behind walls, inside ductwork, under flooring, or measure moisture, spore counts, mycotoxins, or air quality.
• A substitute for an IICRC-, ACAC-, or state-licensed mold inspector, industrial hygienist, or remediation contractor.
• Legal advice. Tenant letter templates, complaint letters, and similar tool outputs are drafting aids only. They do not create an attorney-client relationship, and they are not a substitute for advice from a licensed attorney in your jurisdiction.
• Real-estate disclosure, warranty, or representation for any buyer, seller, landlord, tenant, or insurer.
• An insurance adjustment, claim, or appraisal.

"Confidence" scores and percentages returned by the Services are heuristic indicators of visual similarity to training patterns. They are not statistical probabilities of mold presence, health impact, or dollar loss. Do not rely on them outside of an educational triage context.

You agree that, before taking any action with financial, medical, legal, or safety consequences, you will obtain independent verification from an appropriately licensed professional.

8. No warranties / "AS IS"

We make no warranty that: (a) the Services will meet your requirements; (b) AI output will be accurate, complete, or reliable; (c) defects will be corrected; (d) the Services will be secure, uninterrupted, timely, or error-free; or (e) any information obtained through the Services will be suitable for any particular purpose.

Some jurisdictions do not allow the exclusion of implied warranties, so the exclusions above may not apply in their entirety to you. In those jurisdictions, the exclusions apply to the maximum extent permitted by law.

9. Limitation of liability

Without limiting the foregoing, our total aggregate liability to you for all claims arising out of or related to the Services, in any 12-month period, shall not exceed the greater of (a) the total amount you paid us during the 12 months immediately preceding the event giving rise to the claim, or (b) five hundred U.S. dollars ($500.00).

9.1 What this section does NOT limit

Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by our negligence or gross negligence; (b) fraud or fraudulent misrepresentation; (c) willful misconduct; (d) our gross negligence; (e) any violation of a consumer's non-waivable statutory rights; or (f) any other liability that cannot lawfully be excluded or limited under the law applicable to you (including, where applicable, California Civil Code §§1668 and 2782, and the non-waivable provisions of state consumer-protection statutes).

These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you in full. In those jurisdictions, our liability is limited to the minimum extent permitted by law.

You acknowledge that the pricing (including any free-of-charge offerings) of the Services reflects this allocation of risk and that the limitations in this Section are an essential basis of the bargain between you and us.

10. Indemnification

You agree to defend, indemnify, and hold harmless Tested Media LLC (doing business as Mold Scanner AI), our affiliates, and our officers, directors, employees, agents, and licensors from and against any third-party claim, demand, or investigation (and reasonable attorneys' fees actually incurred) arising out of or related to: (a) your breach of these Terms; (b) your violation of any applicable law in connection with your use of the Services; (c) your User Content, including any claim that your User Content infringes a third party's intellectual-property, privacy, or publicity right; or (d) your misuse of any output of the Services to harm, defame, or defraud a third party.

Important exclusion. Your indemnification obligation does not apply to claims to the extent caused by our negligence, gross negligence, willful misconduct, or fraud, and it does not require you to indemnify us for losses caused by errors, omissions, or misstatements in our own AI output. Your obligation is also limited to the maximum extent permitted by applicable consumer-protection law (including, where applicable, California Civil Code §2782 and analogous statutes in other jurisdictions).

11. Intellectual property and DMCA

11.1 Our IP

The Services and all content we provide (including text, articles, illustrations, icons, photos we create, the Mold Scanner AI logo and wordmark, the 160-point forensic methodology, our AI prompts, our tool source code, and our user-interface designs) are owned by Mold Scanner AI or our licensors and are protected by copyright, trademark, and other intellectual-property laws. All rights not expressly granted are reserved.

We grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Services for your own personal, non-commercial educational use, subject to these Terms.

11.2 Attribution and sharing

You may quote short excerpts of our articles and link to our pages with proper attribution (author: Mold Scanner AI, link back to the original URL). You may not republish full articles, redistribute our illustrations, reuse our tool source code, or use our trademarks without our express written permission.

11.3 DMCA notice of infringement

If you believe any material on the Services infringes your copyright, please send a written notice to hello@moldscanner.ai containing the information required by 17 U.S.C. §512(c)(3): (i) a physical or electronic signature of the rights-holder or authorized agent; (ii) identification of the copyrighted work; (iii) identification of the allegedly infringing material and its URL on our Services; (iv) your contact information; (v) a statement of good-faith belief that the use is not authorized; and (vi) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the rights-holder. We will respond as required by the Digital Millennium Copyright Act.

12. Third-party services and links

We use third-party service providers to operate the Services, including, currently: Vercel (hosting and edge delivery), Supabase (database and server-side storage of waitlist signups and usage counters), Resend (transactional and marketing email delivery), Anthropic (AI inference for photo analysis), and standard analytics tools. We do not control these providers. Their services are governed by their own terms and privacy policies, and your use of our Services may be affected by their policies and outages.

The Services may contain links to third-party websites, products, or services. We do not endorse or assume responsibility for any third-party site or its content, and your use of any third-party site is at your own risk and governed by that site's terms.

13. Free tools and (future) paid features

Our free tools are currently offered at no monetary charge while in beta. We reserve the right to limit, modify, or discontinue any free tool at any time, to impose per-user or per-device usage caps, and to require email verification prior to delivering output. Because the free tools are provided without monetary charge, no refunds apply.

When the Mold Scanner AI mobile application launches with paid features, you will be presented with separate subscription terms at the point of purchase, covering pricing, billing cycles, automatic renewal, cancellation, refunds, and any trial period. These subscription terms will supplement these Terms. Until such terms are presented, no paid commercial offering is being made to you by these Terms.

14. Termination and account closure

You may stop using the Services at any time. You may delete your data (including waitlist signup, tool-report history, and any stored photos) by emailing hello@moldscanner.ai and requesting deletion.

We may suspend, restrict, or terminate your access to all or part of the Services at any time, with or without notice, if we reasonably believe you have violated these Terms, if required by law, or if operation of the Services to you creates an undue security or legal risk.

Sections 5 (license grant for User Content, to the extent necessary to operate the Services), 7-11 (AI limits, warranty disclaimer, liability cap, indemnification, IP), 16 (arbitration), 17 (governing law), 18 (miscellaneous), and 19 (contact) survive any termination.

15. Changes to these terms

We may update these Terms from time to time. The "Effective date" at the top of this page reflects the latest version. If we make material changes, we will provide notice (for example, by email to registered addresses or by a prominent notice on the Services) before the changes take effect. Your continued use of the Services after the effective date of a change constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Services before the effective date.

16. Binding arbitration and class-action waiver

16.1 Informal resolution first

Before initiating arbitration, you agree to first contact us at hello@moldscanner.ai with a written description of the Dispute and the relief you seek. We will attempt to resolve the Dispute informally within 60 days of receipt.

16.2 Arbitration rules and venue

If informal resolution fails, the Dispute will be finally resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules & Procedures (or, if the amount in controversy exceeds $250,000, under JAMS's Comprehensive Rules), together with JAMS's Consumer Minimum Standards, which are incorporated by reference. If JAMS is unavailable or declines to administer the arbitration under these Terms, the arbitration will instead be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English by a single neutral arbitrator. For any U.S. consumer, the arbitration hearing will take place (a) virtually by videoconference, (b) in the U.S. county where you reside, or (c) at another location you and we agree on, at your election. The arbitration may proceed on documents only for claims under $25,000 at the claimant's election. Judgment on the award may be entered in any court of competent jurisdiction.

16.3 Fees

We will pay all JAMS (or AAA) filing, administrative, and arbitrator fees for any consumer arbitration brought by you, except that you will pay the initial consumer filing fee required by JAMS's or AAA's consumer rules (currently $250 under JAMS's Consumer Minimum Standards; subject to waiver for indigency). Each party will bear its own attorneys' fees and costs, except where a statute or court order provides for shifting of such fees. If the arbitrator determines that your claim was not frivolous, we will not seek our fees or costs from you.

16.4 Opt-out right

You may opt out of this arbitration agreement by sending written notice to hello@moldscanner.ai with the subject line "Arbitration Opt-Out" within 30 days of the date you first accept these Terms. The notice must include your full name and the email address used with the Services. We will send you a dated confirmation within 10 business days. A valid opt-out applies only to the individual who sends it and does not affect any other agreement. If you opt out, Sections 16.1, 16.2, 16.3, and 16.6 do not apply to you, but Section 16.5 (Class waiver) and Section 17 (Governing law and venue) remain in effect.

16.5 Class waiver, public injunctive relief, and severability

All disputes must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator has no authority to conduct any form of class arbitration. Notwithstanding the foregoing, nothing in these Terms limits your right to seek public injunctive relief in a court of competent jurisdiction to the extent that right is not waivable under applicable law (for example, under McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017), for California consumers). Any claim for public injunctive relief will proceed in court after all other claims are resolved in arbitration. If any portion of this Section 16 is found unenforceable as to a particular claim by a court of competent jurisdiction, that claim will be severed from arbitration and proceed in court, but the remainder of this Section 16 will remain in full force and effect.

16.6 Mass-arbitration protocol

If 25 or more substantially similar arbitration claims are filed by or with the assistance of the same law firm or coordinated group within any 60-day period, the parties agree that the following procedures apply: (a) the claims will be grouped into batches of up to 50 claims each; (b) a small number of bellwether arbitrations (up to 10 per batch) will proceed first to decide common issues; (c) the remaining claims will be stayed pending the bellwether results; and (d) after the bellwether awards, the parties will participate in a mandatory mediation of the remaining claims. This Section 16.6 is intended to promote efficient and fair resolution of multiple similar claims and does not deprive any individual claimant of relief.

16.7 Delegation

The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is unenforceable, unconscionable, void, or voidable. Notwithstanding this delegation, a court (and not the arbitrator) will decide any challenge to the enforceability of the class-action waiver in Section 16.5.

17. Governing law and venue

These Terms and any Dispute not subject to arbitration are governed by the laws of the Commonwealth of Puerto Rico, United States, without regard to its conflict-of-laws rules, and by applicable U.S. federal law (including the Federal Arbitration Act for Section 16). For any court action permitted by Section 16.4, you and we submit to the exclusive jurisdiction of the state and federal courts located in San Juan, Puerto Rico.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18. Miscellaneous

• Entire agreement. These Terms, the Privacy Policy, and the Medical & Professional Disclaimer are the entire agreement between you and us regarding the Services and supersede any prior agreement on the same subject.
• Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.
• No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms, in whole or in part, to any affiliate or successor in connection with a merger, acquisition, reorganization, or sale of assets.
• Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, acts of government, war, civil unrest, labor stoppages, and widespread telecommunications or internet-backbone failures. Ordinary outages of our own subprocessors (for example, brief downtime at our hosting, database, email, or AI-inference providers) are not force majeure; we disclaim liability for those through Sections 7, 8, and 9 instead.
• Notices to you. We may give notice by email to the address associated with your use of the Services, by posting a notice on the Services, or by any other reasonable means.
• No agency. No agency, partnership, joint venture, or employment is created by these Terms.
• Headings. Section headings are for convenience only and have no substantive effect.

19. Contact

Questions about these Terms, or notices required by these Terms (including DMCA notices and arbitration opt-outs), should be directed to hello@moldscanner.ai.