Terms of Service

1. Acceptance of these terms

By creating an account or using omconsulting.info (the "Site") and the Title 24 compliance service offered through it (together, the "Service"), you agree to these Terms of Service ("Terms") with OM Consulting Inc. ("OM Consulting," "we," "us"). If you do not agree, do not use the Service.

Please read Section 15 carefully. It requires most disputes to be resolved by binding individual arbitration and waives your right to participate in class actions. You may opt out of arbitration within 30 days of first accepting these Terms.

2. What the Service is

OM Consulting provides a Title 24 Part 6 residential compliance service for projects in California. You upload a residential architectural plan set (PDF) and confirm a short set of building inputs (including project address, climate zone, scope of work, bedroom counts, and ceiling height). We then:

• generate a .ribd25 input file for the California Building Energy Code Compliance — Residential (CBECC-Res 2025) software in one of three design pathways (Prescriptive, 2x4 Performance, or 2x6 Enhanced) that you select;
• run the CBECC-Res 2025 analysis on that file and verify it passes;
• register the project with CHEERS;
• coordinate signature of the resulting CF1R Certificate of Compliance with the responsible designer you identify; and
• deliver the final signed CF1R PDF back to you through your project dashboard.

The .ribd25 input file we generate is an internal working model used by our team to drive the CBECC-Res analysis. It is not made available to you or your designer for download. The customer-facing deliverable is the signed CF1R PDF, which you can download from your project dashboard once the workflow is complete.

3. Your account

You must provide accurate signup information (name, email, role) and keep it current. You are responsible for all activity on your account. Authentication is handled by Supabase: we do not collect or store your password — Supabase performs authentication and stores only a salted hash. You must be at least 18 years old to create an account.

4. Your inputs

You represent that you have the right to upload any plan set, project information, or designer contact information you submit, and that doing so does not violate any third party's intellectual property, contract, or privacy rights. You retain ownership of your inputs. You grant OM Consulting a limited license to process them solely to provide the Service, including by transmitting them to the third-party subprocessors described in our Privacy Policy.

5. Output and your responsibilities

Read this section carefully. It defines the scope of what we do and — equally important — what we do not do.

• We are not engaged in the practice of architecture or engineering. OM Consulting Inc. is not a licensed design professional, is not your design professional of record, and does not provide architectural, structural, mechanical, plumbing, or electrical engineering services. Use of the Service does not create a design-professional, engineer-of-record, or architect-client relationship between you and OM Consulting, and nothing produced by the Service should be relied on as such.
• The CF1R is signed by your responsible designer, not by us. The CF1R Certificate of Compliance produced by the Service is countersigned in CHEERS by the responsible designer you identify. That licensed professional is solely responsible, under California law, for verifying that the CF1R reflects the project as designed, that the inputs are accurate, and that the project complies with Title 24 Part 6 and all other applicable codes. The decision to sign is theirs and theirs alone.
• The .ribd25 file is an internal working model. It is generated automatically from the inputs you confirm and is used by our team to drive the CBECC-Res 2025 analysis. It is not made available to you or your designer for download, is not stamped, and is not the deliverable.
• Garbage in, garbage out. The CF1R is only as accurate as the inputs you confirm and the plan set you upload. You are solely responsible for reviewing the values shown to you on the Confirm step before paying — including project address, climate zone, scope of work, bedroom counts, ceiling height, floor area, story count, ADU type, garage, and any other field surfaced for confirmation — and for ensuring those values match your actual design.
• Permitting and approval are not guaranteed. We do not guarantee that the CF1R will be accepted by your local building department, that the project as designed will meet other applicable codes (Title 24 Parts 1–5 and 7–12, fire code, structural, ADA, local amendments, HOA rules, deed restrictions, or otherwise), that CHEERS registration will complete by any specific date, or that the responsible designer you identify will sign within any specific timeframe. Plan-check correction letters from the AHJ remain a normal part of the permitting process and are not a defect in our Service.
• You verify the as-built condition. You are responsible for ensuring that the project as built matches the inputs you provided, that any field changes during construction are reflected back in updated compliance documents where required, and that the responsible designer you identify is (a) actually licensed in California, (b) actually authorized to sign on the project's behalf, and (c) has agreed to act in that capacity.
• You are responsible for what you submit downstream. Anything you file with your local building department, AHJ, lender, utility, or any other authority — including the signed CF1R — is your filing, not ours.

6. Payment and refunds

Each project is $200 USD, charged through Stripe at checkout. Payment is collected only after you have created an account, we have analyzed your plans, and you have confirmed the extracted project details — so you can review everything we found before any money changes hands.

All sales are final.

By paying, you acknowledge that the design analysis, equipment specifications, and compliance recommendations made available to you on the design-options page are the deliverable you paid for, regardless of whether you ultimately use the result, change your mind about the design pathway you selected, abandon the project, are unable to obtain the responsible designer's signature on the CF1R, or receive plan-check corrections from your local building department that require starting a new project. Once Stripe captures payment, the $200 fee is non-refundable.

Discretionary refunds. OM Consulting may, in its sole discretion and as a customer-courtesy matter rather than as your right, grant a refund in cases of clear billing errors (a duplicate charge, a charge on a project you did not initiate) or other exceptional circumstances. To request consideration, email help@omconsulting.info within 14 days of the charge with your project ID and the reason for the request. Granted refunds are issued to the original payment method, typically within 5–10 business days. A request being declined is not appealable through these Terms.

Statutory rights are preserved. Nothing in this section waives any non-waivable consumer-protection right you have under California or federal law, including chargeback or fraud-dispute rights with your card issuer.

7. Acceptable use

You agree not to:

• reverse-engineer, scrape, or attempt to disrupt the Service;
• upload malware or content that is unlawful, infringing, or harmful;
• use the Service to generate compliance documentation for projects you are not authorized to work on, or to identify a responsible designer who has not agreed to act in that capacity; or
• resell or redistribute the Service.

8. Service availability

The Service is provided "as is" and "as available." We may modify, suspend, or discontinue the Service at any time, with or without notice. Turnaround times for compliance verification, CHEERS registration, and CF1R signature depend in part on third parties (CHEERS and your designated responsible designer) and are not guaranteed.

If our compliance analysis cannot reach compliance with the equipment specifications listed on the design option you selected, we may adjust specific equipment efficiency values (such as HVAC SEER2/HSPF2 or water-heater UEF/Tier) on the same option until the project passes verification; envelope components (wall framing, insulation, fenestration U-factor and SHGC) will remain as shown on the option you locked in. You will receive an email summary of any such adjustments before the CF1R is registered with CHEERS.

9. Disclaimer of warranties

To the fullest extent permitted by law, the Service, the .ribd25 file, the CBECC analysis result, the CF1R, and every other output of the Service are provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise — including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, title, quiet enjoyment, and non-infringement.

Without limiting the foregoing, OM Consulting Inc. does not warrant that (a) the Service or its outputs will be uninterrupted, error-free, or free of harmful components; (b) any particular design pathway, equipment specification, or compliance margin will be accepted by your local building department, AHJ, plan checker, lender, utility, or any other reviewer; (c) the project as designed will satisfy any code other than Title 24 Part 6; (d) CHEERS registration, designer countersignature, or CF1R delivery will complete by any specific date; (e) any extraction of data from your uploaded plan set is free of error; (f) any third-party large-language-model API used to extract building inputs (currently Anthropic's Claude API by default, with Google's Gemini API available as a configurable alternative) will produce accurate, complete, or consistent results on any particular plan set; or (g) energy savings, utility incentives, certification points, or any other downstream benefit will result from use of the Service.

Some jurisdictions do not allow the exclusion of certain warranties; to the extent any such warranty cannot be disclaimed, it is limited to the maximum extent permitted by law.

10. Limitation of liability

To the fullest extent permitted by law, in no event will OM Consulting Inc., its officers, directors, employees, contractors, or affiliates be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, or for any loss of profits, revenue, use, data, goodwill, or business opportunity, or for any damages resulting from project delays, AHJ rejection or re-review, plan-check corrections, permitting denials, design rework, lost construction time, contractor or subcontractor claims, lender or escrow delays, utility-incentive forfeiture, certification or rating delays, increased construction costs, or any third-party claim — even if OM Consulting has been advised of the possibility of such damages and even if a stated remedy fails of its essential purpose.

To the fullest extent permitted by law, OM Consulting Inc.'s total cumulative liability for any and all claims arising out of or relating to the Service, these Terms, or the project giving rise to the claim — whether in contract, tort (including negligence), strict liability, statute, or any other theory — will not exceed the greater of (a) the amount you actually paid us for the project giving rise to the claim in the 12 months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100). The parties have agreed that this cap is a material part of the bargain reflected in these Terms, and that the price of the Service would be materially higher if it were not in place.

Nothing in these Terms limits liability that cannot be limited or excluded under applicable law, including liability for gross negligence, willful misconduct, fraud, fraudulent misrepresentation, bodily injury or death caused by negligence, or violations of non-waivable statutory consumer-protection rights. The limitations in this Section apply to the maximum extent permitted by law and survive termination of these Terms.

11. Indemnification

You agree to defend, indemnify, and hold harmless OM Consulting Inc. and its officers, directors, employees, contractors, and affiliates from and against any and all third-party claims, demands, losses, damages, liabilities, judgments, fines, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• your inputs, including any intellectual-property, contract, confidentiality, or privacy claim relating to the plan set or other materials you upload;
• any inaccurate, incomplete, or out-of-date information you confirmed on the Confirm step (project address, climate zone, scope of work, bedroom counts, ceiling height, floor area, story count, ADU type, garage, designer contact, and similar fields);
• any reliance by a permitting authority, AHJ, plan checker, lender, escrow agent, utility, contractor, subcontractor, or buyer on the CF1R or any other Service output, including any claim that the project as built does not match the inputs you confirmed;
• identification of a responsible designer who is not licensed, not authorized to act, or who has not in fact agreed to act as the responsible designer for your project;
• any field change during construction, value-engineering, or substitution of equipment or materials that diverges from the inputs the Service modeled;
• your unauthorized use of any Service output, or use of any Service output in violation of applicable law, regulation, or third-party right;
• your breach of these Terms or of any representation or warranty you made in them.

OM Consulting may, at its option and at your expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will fully cooperate in asserting any available defenses. You will not settle any matter affecting OM Consulting without our prior written consent.

12. Termination

You may delete your account at any time from the Profile page. We may suspend or terminate accounts that violate these Terms. Termination of your account does not entitle you to a refund of any fees already paid.

13. Copyright complaints (DMCA)

OM Consulting respects intellectual property rights. If you believe content uploaded to the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent.

Your notice must include:

• a physical or electronic signature of the copyright owner or authorized agent;
• identification of the copyrighted work claimed to be infringed;
• identification of the material that is allegedly infringing and information sufficient to locate it;
• your contact information (address, phone, email);
• a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
• 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 owner.

Send notices to: DMCA Agent, OM Consulting Inc., help@omconsulting.info. A user whose content is removed in response to a notice may submit a counter-notice following the DMCA's procedures. We may terminate the accounts of repeat infringers.

14. Electronic communications

By creating an account and using the Service, you consent to receive communications from us electronically — including these Terms, the Privacy Policy, account and project notices, and the signed CF1R PDF — and you agree that all such electronic communications satisfy any legal requirement that those communications be in writing. To access electronic communications you will need a current web browser, an active email account, and the ability to download and view PDF files. You may withdraw this consent by deleting your account, which will end your access to the Service.

15. Dispute resolution; arbitration; class-action waiver

Read this section carefully. It requires binding individual arbitration of most disputes and limits how you and OM Consulting may seek relief from each other.

Informal resolution first. Before filing any claim, you and OM Consulting agree to try in good faith to resolve the dispute informally for at least 30 days after written notice (sent to help@omconsulting.info or, if to you, the email on your account).

Binding arbitration. Except for (a) actions in small-claims court, (b) claims for public injunctive relief, and (c) intellectual-property claims, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will take place in Los Angeles County, California, or by video at your election. Each party bears its own attorneys' fees, except where the rules or applicable law provide otherwise.

Class-action waiver. You and OM Consulting agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate claims and may not preside over any class or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim must be brought in court (not arbitration), and the rest of this Section remains in force.

30-day opt-out. You may opt out of this arbitration agreement by emailing help@omconsulting.info within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out" and the email address on your account. Opting out does not affect any other part of these Terms.

16. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Subject to Section 15, any dispute that proceeds in court will be resolved exclusively in the state or federal courts located in Los Angeles County, California, and you and OM Consulting consent to personal jurisdiction there.

17. Force majeure

OM Consulting is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, internet or power outages, third-party service failures (including outages of CHEERS, Anthropic, Gemini, Stripe, Supabase, PostHog, Sentry, or Resend), and government actions.

18. Changes to these Terms

We may update these Terms; the "Effective date" above will reflect the most recent version. Material changes will be communicated by email or in-app notice. Continued use of the Service after the effective date of an updated Terms constitutes acceptance of the updates. If you do not agree, you must stop using the Service.

19. Miscellaneous

• Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and OM Consulting regarding the Service and supersede any prior agreements on the same subject.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets, or by operation of law.
• No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Headings. Section headings are for convenience only and do not affect interpretation.

20. Contact

Questions about these Terms? Email help@omconsulting.info.