Terms of Service

Version 2026-10-09
Effective: October 27, 2026

1. Agreement

These Terms of Service ("Terms") are a binding contract between you ("you" or "Customer") and Mycolytica LLC, a Texas limited liability company doing business as ExplainmyERMI (the "Company," "ExplainmyERMI," "we," "us," or "our"). The Terms govern your access to and use of the website at explainmyermi.com (the "Site") and any service, report, or product we provide through the Site (collectively, the "Service"). The contracting party is the Company; references to "ExplainmyERMI" in these Terms refer to the Company as defined here.

By placing an order, clicking "I agree," or otherwise using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms and by our Disclaimer, which is incorporated by reference. If you do not agree to both, do not use the Service. Our Privacy Policy explains how we collect, use, and share personal information. It is a notice of our practices, not part of these Terms; please read it.

The Terms are presented to you at checkout. The version that controls your order is the version in force at the time you place the order, not whatever version is later live on the Site.

2. The Service

ExplainmyERMI sells a customized PDF report ("Report") that interprets Environmental Relative Moldiness Index ("ERMI") and HERTSMI-2 mold-test values that you supply from a third-party laboratory, together with information you choose to give us about the building (such as its age, foundation, heating and cooling, and past water events). We do not collect samples. We do not perform laboratory analysis. We do not visit, inspect, or survey any property. Where the Report discusses the building, it relies only on what you told us, and it describes conditions commonly associated with the species pattern in buildings of that type; it does not determine whether mold growth exists at your property, or its origin, location, or extent. We do not employ or contract licensed mold assessors, indoor environmental professionals, or medical practitioners in the production of the Report. The Report is generated from the information you enter, applied to our proprietary interpretive framework, and delivered to your inbox as a PDF. The framework's approach and limits are described on our methodology page at explainmyermi.com/methodology.

You may purchase one (1) to three (3) Reports per order, each pertaining to a separate sample/location. Pricing is calculated server-side at the time of purchase and is the only authoritative price.

3. Eligibility

By using the Service you represent and warrant that:

You are at least eighteen (18) years of age and have the legal capacity to enter into binding contracts.
The information you submit (including the lab values, sample date, ZIP code, building details, and any reference label) is accurate to the best of your knowledge.
You are authorized to submit the lab values you upload: the lab report belongs to you, to a property you own or occupy, or you have permission from the responsible person.
You live in the United States. A Report may concern a property anywhere, but the Service is offered only to people who live in the United States. We may decline to serve customers in particular states if we believe doing so risks an interpretation that the Service constitutes regulated mold-assessment activity in that state.

If any of these representations is or becomes untrue, you must stop using the Service.

4. Orders, Pricing, and Payment

Pricing. Current pricing is one Report for $59, two Reports for $108, and three Reports for $147. Pricing is set server-side and may be updated; the price displayed at checkout immediately before you submit payment is the price that applies to your order.

Payment processor. Payments are processed by Stripe. We do not directly receive or store your payment-card number. Your use of Stripe is also subject to Stripe's terms and privacy policy.

Refunds. Reports are digital products generated to order from data you supply. Once a Report PDF has been generated and emailed to you, the order is fulfilled. We do not offer refunds for buyer's remorse, dissatisfaction with the contents of the Report, or for elevations or non-elevations the Report identifies. We will refund an order in full if (a) we are unable to generate the PDF for technical reasons within seven (7) days of payment, (b) the data you submitted was demonstrably mishandled by our system in a way that produced a manifestly incorrect Report, or (c) any other reason we agree to in writing. Refund decisions are made in our reasonable discretion. To request a refund, email refunds@explainmyermi.com within thirty (30) days of payment with your order ID.

Promotions. Any discount or promotional code is void where prohibited and may be modified or canceled at any time. Promotional codes have no cash value.

5. What the Service Is and Is Not

The Report is interpretive and educational. It is grounded in peer-reviewed indoor-mycology and water-activity research, and it applies a structured framework to the lab values you provide. It is not, and is not offered as, any of the following:

A medical diagnosis, medical advice, or a clinical recommendation. We are not licensed health-care providers, and use of the Service does not create a doctor–patient relationship.
A legal opinion, legal advice, or counsel of any kind. Use of the Service does not create an attorney–client relationship.
A real-estate disclosure, condition assessment, or representation about the value, habitability, marketability, or safety of any property.
An insurance claim document or expert opinion.
A mold inspection, mold assessment, mold survey, or mold remediation protocol within the meaning of any state, county, or municipal licensing regime, including but not limited to Texas Occupations Code Chapter 1958 and 16 TAC Chapter 78, Florida Statutes Chapter 468 Part XVI, New York Labor Law Article 32, New Hampshire RSA 310-A:189-b, and D.C. Code § 8-241.01 et seq.
A determination by a "mold assessor," "certified mold assessor," "registered mold assessor," "licensed mold assessor," or "professional mold assessor" (terms we do not use to describe ourselves and which do not apply to the Service).
A determination of whether any specific person should re-enter, remain in, vacate, or remediate any building, with or without the assistance of a qualified professional.

Decisions about your health, your home, your business property, your real-estate transactions, your insurance, or any legal matter must be made in consultation with appropriately licensed professionals who can evaluate your specific circumstances on-site or in person.

6. State-Specific Non-Licensing Representations

You acknowledge and agree that:

Texas (Tex. Occ. Code §§ 1958.001(5), 1958.002; 16 TAC § 78.10(25)). ExplainmyERMI does not perform an "inspection, investigation, or survey of a dwelling or other structure" within the meaning of 16 TAC § 78.10(25)(A). It does not engage in the collection or analysis of a mold sample within the meaning of § 78.10(25)(C). It does not engage in any activity that affects indoor air quality within the meaning of Tex. Occ. Code § 1958.002. The Service is purely informational.

Florida (Fla. Stat. § 468.8411(3)). The Service does not constitute "mold assessment" as defined in Fla. Stat. § 468.8411(3). ExplainmyERMI does not perform physical sampling and does not inspect any building. Any discussion of building characteristics in a Report relies only on information the customer reports and describes, in general terms, conditions commonly associated with a species pattern. It is not a site-specific hypothesis about the origin, location, or extent of mold growth at the customer's property, and it does not opine on whether any mold growth exceeds ten (10) square feet.

New York (N.Y. Lab. Law § 930(4), § 931(1)). The Service is not an "inspection or assessment of real property" within the meaning of N.Y. Lab. Law § 930(4). ExplainmyERMI interprets laboratory data and building information supplied by the customer. It does not inspect, visit, or assess any real property, and any building-related content in a Report is general educational information, not a determination about the customer's property. ExplainmyERMI does not advertise as, and does not hold itself out as, a "mold assessment contractor" within the meaning of N.Y. Lab. Law § 931(1).

District of Columbia (D.C. Code §§ 8-241.01(7), 8-241.03(b); 20 DCMR Chapter 32). The Service is not a "professional indoor mold assessment" as defined in D.C. Code § 8-241.01(7), is not conducted by an "indoor mold assessment professional," and is not intended for use in any landlord-tenant proceeding under D.C. Code § 8-241.04 or § 8-241.05.

New Hampshire (RSA 310-A:189-b). ExplainmyERMI does not perform an inspection, investigation, or survey of any dwelling, does not develop a mold remediation protocol, and does not collect any mold sample for analysis.

These representations are material terms of the agreement between you and ExplainmyERMI. If you are ordering a Report for a use that requires a licensed assessment under any applicable law, the Report is not a substitute for that assessment, and you should not order the Service for that purpose.

7. ERMI Methodology Limitations

The ERMI panel was developed by the U.S. Environmental Protection Agency for population-level research, not for individual-home diagnosis. The EPA has stated this position publicly. ExplainmyERMI is not affiliated with the EPA, with the developers of the HERTSMI-2 scoring system (Dr. Ritchie C. Shoemaker), or with any laboratory.

By using the Service you acknowledge the following intrinsic limitations of settled-dust ERMI testing, all of which constrain what any Report can validly say:

qPCR detects DNA, not viable spores. A positive ERMI signal indicates DNA fragments of a species in dust; it does not directly indicate active growth, exposure, or viability.
Single-sample variance. A single dust sample reflects one moment in one location and may not represent the building's average condition.
Seasonal effects. Outdoor mold loads vary by season; indoor signals shift with windows, HVAC operation, and weather.
Sensitivity to housekeeping. Recent vacuuming, surface cleaning, sample collection technique, and the room sampled all materially affect the result.
No source localization. ERMI cannot tell you where mold growth, if any, is located in the building.
Reference-baseline staleness. The Vesper et al. (2007) reference geometric means used as denominators in elevation-factor calculations derive from a sample collected from June 2005 to March 2006. Housing stock and ventilation practices have changed since then.

The Report communicates these limitations within its body. You agree that you have read and understood them before relying on any portion of the Report.

8. Permitted and Prohibited Uses

The Report is licensed to you for personal, non-commercial, educational use by you and your immediate household. Subject to that license, you may print the Report, share it informally with a clinician, contractor, or qualified mold assessor for context, and reference its contents in personal correspondence.

You may not:

Submit the Report as evidence, exhibit, attachment, or expert opinion in any litigation, arbitration, mediation, regulatory proceeding, insurance claim, real-estate dispute, landlord-tenant proceeding, code-enforcement action, condominium-association dispute, or other adversarial process.
Provide the Report to a current or prospective buyer, seller, lessor, lessee, lender, insurer, regulator, or attorney as a substitute for, or supplement to, a licensed assessment, where a licensed assessment is or may be required.
Hold the Report out as having been prepared by a licensed mold assessor, indoor environmental professional, building scientist, or medical professional.
Use the Report to support a claim of negligence, fraud, breach, or any other cause of action against any third party, including without limitation a seller, landlord, contractor, builder, or remediator.
Reproduce, republish, or distribute the Report or its proprietary interpretive framework other than as expressly permitted above.
Reverse-engineer, scrape, automate access to, or extract the underlying classification rules, thresholds, or weights of our framework.
Submit lab values that are fabricated, altered, or that you do not have authority to use, or use the Service in a manner that violates any applicable law.

Nothing in these Terms limits your right to write and publish an honest review of the Service, including brief quotations from your Report that support your review.

We will not provide testimony, affidavits, declarations, depositions, or expert reports in any proceeding involving the Report. If you are subpoenaed for a Report or otherwise compelled to produce one in a proceeding, please notify legal@mycolytica.com promptly so we can take appropriate steps.

9. Your Content and Data

When you place an order you submit lab values, sample dates, ZIP codes, building characteristics, an optional reference label, your name (if you give it), and an email address (collectively, "Submission Data"). You retain ownership of your Submission Data.

You grant us a non-exclusive, royalty-free, worldwide license to use the Submission Data to (a) generate and re-generate the Report you ordered, (b) maintain order, payment, and acceptance records as required by these Terms and applicable law, (c) provide customer support relating to your order, (d) generate aggregated, de-identified statistics that cannot reasonably be linked back to you, and (e) maintain and improve the Service, including our lab-report parser, using data in de-identified form.

We retain Submission Data for seven (7) years from the date you submit your order, whether or not payment is completed, consistent with the longest plausible Texas statute of limitations for breach-of-contract or fraud claims. Storage details are described in the Privacy Policy.

You represent that the Submission Data is accurate, that you have the right to submit it, and that submitting it does not violate any law, contract, or third-party right. The accuracy of any interpretation depends entirely on the accuracy of the data you submit. Inaccurate or fabricated data will produce inaccurate Reports; we are not responsible for such Reports.

10. Intellectual Property

All content on the Site and in the Report, including the EME interpretive framework, classification logic, group definitions, prose explanations, charts, layouts, brand marks, trade dress, photographs, and software, is owned by the Company or its licensors, and is protected by United States and international intellectual-property laws. The Company provides the Service and your Report under its rights therein.

Upon purchase, the Company grants you the limited, revocable, non-exclusive, non-transferable license described in Section 8 above to access and use the Report you purchase for your own personal, non-commercial use. You acquire no ownership of the Service, the software, the methodology, or the report format, and you may not copy, resell, redistribute, reverse-engineer, or create derivative works from the Service or the methodology underlying any Report except as expressly permitted in Section 8. The Company reserves every right not expressly granted.

"ExplainmyERMI," "EME," and our logo are trademarks of the Company or its licensors. You may not use them without our prior written consent. Nothing in these Terms grants you any right in or to any third-party trademark referenced on the Site or in the Report.

11. No Warranties

THE SERVICE AND THE REPORT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPLAINMYERMI DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, OR QUIET ENJOYMENT.

We do not warrant that the Site or Service will be uninterrupted, timely, secure, or error-free; that the Report will produce any particular result; that the Report's findings correlate with occupant illness, building condition, water-damage history, remediation outcomes, real-estate value, or insurance coverage; or that the Report will satisfy any standard a third party (medical, legal, regulatory, real-estate, insurance, or otherwise) may apply to it.

Some jurisdictions do not allow the disclaimer of certain implied warranties. In those jurisdictions, the foregoing disclaimers apply to the maximum extent permitted by law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) No special damages. EXPLAINMYERMI WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR LOSS OF GOODWILL), EVEN IF EXPLAINMYERMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(b) Aggregate cap. EXPLAINMYERMI'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNT YOU PAID TO EXPLAINMYERMI FOR THE ORDER GIVING RISE TO THE CLAIM OR (ii) ONE HUNDRED DOLLARS ($100).

(c) Carve-outs. Nothing in this Section limits ExplainmyERMI's liability for (i) fraud or fraudulent misrepresentation, (ii) willful misconduct, (iii) gross negligence (where the applicable law does not permit the cap to reach gross negligence), or (iv) any other liability that cannot be excluded or limited under applicable law (including, where applicable, California Civil Code § 1668).

(d) Allocation of risk. You acknowledge that the price of the Service is set in reliance on these limitations, that the Service would not be offered at this price without them, and that they reflect a reasonable allocation of risk between you and ExplainmyERMI.

(e) Rights that cannot be waived. Nothing in these Terms limits any right or remedy that cannot be waived or limited under applicable law, including the Texas Deceptive Trade Practices-Consumer Protection Act.

13. Indemnification

You agree to defend, indemnify, and hold harmless ExplainmyERMI, its members, officers, employees, contractors, and affiliates (the "Indemnified Parties"), to the maximum extent permitted by applicable law, from and against any and all claims, losses, liabilities, damages, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your material breach of these Terms;
Your fraud or fraudulent misrepresentation;
Your Submission Data that you knew or should have known was inaccurate or fabricated;
Your use of the Report in violation of Section 8 (Permitted and Prohibited Uses); or
The use of the Report by any third party to whom you provided it in violation of Section 8.

This indemnification provision is intended to follow Limited Form Indemnity principles: your obligation is tied to your own conduct (breach, fraud, knowing misrepresentation, or prohibited use), not to ExplainmyERMI's independent acts or omissions. To the extent any portion of this Section is unenforceable under applicable law (including California Civil Code § 1668), the remainder will remain in full force.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

14. Dispute Resolution, Jury Trial Waiver, and Class-Action Waiver

Read this section carefully. It limits your rights, including your right to a jury trial and your right to participate in class actions.

(a) Informal resolution first. Any dispute, claim, or controversy arising out of or relating to the Service, the Report, these Terms, or the relationship between you and ExplainmyERMI is a "Dispute." Before filing any formal claim about a Dispute, you and ExplainmyERMI agree to first contact each other by email and attempt in good faith to resolve it informally for at least sixty (60) days. Customer notices go to legal@mycolytica.com. We will direct notices to the email address on file for your order.

(b) Where Disputes are decided. A Dispute that is not resolved informally may be brought as an individual action in small-claims court (in Texas, a justice court) if it qualifies, or otherwise in the courts identified in Section 16. These Terms do not require arbitration.

(c) Individual claims only. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EXPLAINMYERMI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

(d) Jury trial waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EXPLAINMYERMI EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE. ANY DISPUTE THAT IS TRIED IN COURT WILL BE DECIDED BY A JUDGE.

(e) If subsection (c) or (d) does not apply. If subsection (c) or (d) is found unenforceable as to a particular claim or in a particular jurisdiction, that claim may proceed as applicable law allows, and the rest of this Section and of these Terms remains in effect.

15. California Residents

If you are a California resident, the following additional terms apply:

Civil Code § 1668. Nothing in these Terms is intended to exempt ExplainmyERMI from liability for fraud, willful injury to the person or property of another, or any violation of law (whether intentional or grossly negligent), to the extent California Civil Code § 1668 prohibits such exemption.
CLRA. If you are a member of a class protected by the California Consumers Legal Remedies Act, certain rights under that Act may apply to your transaction notwithstanding the choice of Texas law in Section 16. The class-action waiver in Section 14 applies to such claims to the maximum extent permitted by law.
Shine the Light. California Civil Code § 1798.83 permits California residents to request a notice describing what categories of personal information we share with third parties for those parties' direct-marketing purposes. We do not currently share personal information with third parties for direct-marketing purposes. To inquire, email privacy@explainmyermi.com.
Privacy rights. Your privacy rights under California law are described in our Privacy Policy.

16. Governing Law and Venue

These Terms, and any Dispute, are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the small-claims option in Section 14, you and the Company consent to the personal jurisdiction of, and agree to bring any Dispute in, the state courts located in Williamson County, Texas, or the United States District Court for the Western District of Texas, Austin Division, except where applicable law gives you the right to bring it elsewhere.

17. Changes to These Terms

We may update these Terms from time to time. New versions take effect on the date stated at the top of the new document. Your order is governed by the version of the Terms in force at the time you placed it, not by any later version. Each new order is governed by the version you accept at checkout for that order. No change to these Terms applies to a Dispute that arose, or of which we had notice, before the change took effect.

We maintain an archive of every version that has been live, with effective dates and content hashes, so you can request the version that governed any specific past order.

18. Notices

Notices to the Company. Legal notices to the Company must be sent in writing to:

Mycolytica LLC d/b/a ExplainmyERMI
5900 Balcones Drive STE 100
Austin, TX 78731
Email: legal@mycolytica.com

Notice may be given by mail to the physical address above or by email to the address above. Notices to you may be sent to the email address associated with your account or order. You are responsible for keeping that address current.

19. Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, financing, or by operation of law, without notice to you. Any attempted assignment in violation of this Section is void.

20. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

21. Entire Agreement

These Terms, together with the Disclaimer and any order confirmation, constitute the entire agreement between you and ExplainmyERMI relating to the Service. They supersede all prior or contemporaneous communications, proposals, and understandings, whether oral or written. No waiver of any provision is effective unless in writing and signed by ExplainmyERMI.

22. Contact

Mycolytica LLC d/b/a ExplainmyERMI
5900 Balcones Drive STE 100, Austin, TX 78731
Principal place of business: Williamson County, Texas
General: hello@explainmyermi.com
Legal / records requests: legal@mycolytica.com
Privacy inquiries: privacy@explainmyermi.com
Refunds: refunds@explainmyermi.com

Show the exact stored text (version 2026-10-09)

# Terms of Service

**Version 2026-10-09**
**Effective: October 27, 2026**

## 1. Agreement

These Terms of Service ("**Terms**") are a binding contract between you ("**you**" or "**Customer**") and **Mycolytica LLC**, a Texas limited liability company doing business as **ExplainmyERMI** (the "**Company**," "**ExplainmyERMI**," "**we**," "**us**," or "**our**"). The Terms govern your access to and use of the website at explainmyermi.com (the "**Site**") and any service, report, or product we provide through the Site (collectively, the "**Service**"). The contracting party is the Company; references to "ExplainmyERMI" in these Terms refer to the Company as defined here.

By placing an order, clicking "I agree," or otherwise using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms and by our **Disclaimer**, which is incorporated by reference. If you do not agree to both, do not use the Service. Our **Privacy Policy** explains how we collect, use, and share personal information. It is a notice of our practices, not part of these Terms; please read it.

The Terms are presented to you at checkout. The version that controls your order is the version in force at the time you place the order, not whatever version is later live on the Site.

## 2. The Service

ExplainmyERMI sells a customized PDF report ("**Report**") that interprets Environmental Relative Moldiness Index ("**ERMI**") and HERTSMI-2 mold-test values that **you supply** from a third-party laboratory, together with information you choose to give us about the building (such as its age, foundation, heating and cooling, and past water events). We do not collect samples. We do not perform laboratory analysis. We do not visit, inspect, or survey any property. Where the Report discusses the building, it relies only on what you told us, and it describes conditions commonly associated with the species pattern in buildings of that type; it does not determine whether mold growth exists at your property, or its origin, location, or extent. We do not employ or contract licensed mold assessors, indoor environmental professionals, or medical practitioners in the production of the Report. The Report is generated from the information you enter, applied to our proprietary interpretive framework, and delivered to your inbox as a PDF. The framework's approach and limits are described on our methodology page at explainmyermi.com/methodology.

You may purchase one (1) to three (3) Reports per order, each pertaining to a separate sample/location. Pricing is calculated server-side at the time of purchase and is the only authoritative price.

## 3. Eligibility

By using the Service you represent and warrant that:

- You are at least eighteen (18) years of age and have the legal capacity to enter into binding contracts.
- The information you submit (including the lab values, sample date, ZIP code, building details, and any reference label) is accurate to the best of your knowledge.
- You are authorized to submit the lab values you upload: the lab report belongs to you, to a property you own or occupy, or you have permission from the responsible person.
- You live in the United States. A Report may concern a property anywhere, but the Service is offered only to people who live in the United States. We may decline to serve customers in particular states if we believe doing so risks an interpretation that the Service constitutes regulated mold-assessment activity in that state.

If any of these representations is or becomes untrue, you must stop using the Service.

## 4. Orders, Pricing, and Payment

**Pricing.** Current pricing is one Report for $59, two Reports for $108, and three Reports for $147. Pricing is set server-side and may be updated; the price displayed at checkout immediately before you submit payment is the price that applies to your order.

**Payment processor.** Payments are processed by Stripe. We do not directly receive or store your payment-card number. Your use of Stripe is also subject to Stripe's terms and privacy policy.

**Refunds.** Reports are digital products generated to order from data you supply. Once a Report PDF has been generated and emailed to you, the order is fulfilled. We do not offer refunds for buyer's remorse, dissatisfaction with the contents of the Report, or for elevations or non-elevations the Report identifies. We will refund an order in full if (a) we are unable to generate the PDF for technical reasons within seven (7) days of payment, (b) the data you submitted was demonstrably mishandled by our system in a way that produced a manifestly incorrect Report, or (c) any other reason we agree to in writing. Refund decisions are made in our reasonable discretion. To request a refund, email refunds@explainmyermi.com within thirty (30) days of payment with your order ID.

**Promotions.** Any discount or promotional code is void where prohibited and may be modified or canceled at any time. Promotional codes have no cash value.

## 5. What the Service Is and Is Not

The Report is **interpretive and educational**. It is grounded in peer-reviewed indoor-mycology and water-activity research, and it applies a structured framework to the lab values you provide. **It is not, and is not offered as, any of the following:**

- A medical diagnosis, medical advice, or a clinical recommendation. We are not licensed health-care providers, and use of the Service does not create a doctor–patient relationship.
- A legal opinion, legal advice, or counsel of any kind. Use of the Service does not create an attorney–client relationship.
- A real-estate disclosure, condition assessment, or representation about the value, habitability, marketability, or safety of any property.
- An insurance claim document or expert opinion.
- A mold inspection, mold assessment, mold survey, or mold remediation protocol within the meaning of any state, county, or municipal licensing regime, including but not limited to Texas Occupations Code Chapter 1958 and 16 TAC Chapter 78, Florida Statutes Chapter 468 Part XVI, New York Labor Law Article 32, New Hampshire RSA 310-A:189-b, and D.C. Code § 8-241.01 *et seq*.
- A determination by a "**mold assessor**," "**certified mold assessor**," "**registered mold assessor**," "**licensed mold assessor**," or "**professional mold assessor**" (terms we do not use to describe ourselves and which do not apply to the Service).
- A determination of whether any specific person should re-enter, remain in, vacate, or remediate any building, with or without the assistance of a qualified professional.

## 6. State-Specific Non-Licensing Representations

You acknowledge and agree that:

- **Texas (Tex. Occ. Code §§ 1958.001(5), 1958.002; 16 TAC § 78.10(25)).** ExplainmyERMI does not perform an "inspection, investigation, or survey of a dwelling or other structure" within the meaning of 16 TAC § 78.10(25)(A). It does not engage in the collection or analysis of a mold sample within the meaning of § 78.10(25)(C). It does not engage in any activity that affects indoor air quality within the meaning of Tex. Occ. Code § 1958.002. The Service is purely informational.

- **Florida (Fla. Stat. § 468.8411(3)).** The Service does not constitute "mold assessment" as defined in Fla. Stat. § 468.8411(3). ExplainmyERMI does not perform physical sampling and does not inspect any building. Any discussion of building characteristics in a Report relies only on information the customer reports and describes, in general terms, conditions commonly associated with a species pattern. It is not a site-specific hypothesis about the origin, location, or extent of mold growth at the customer's property, and it does not opine on whether any mold growth exceeds ten (10) square feet.

- **New York (N.Y. Lab. Law § 930(4), § 931(1)).** The Service is not an "inspection or assessment of real property" within the meaning of N.Y. Lab. Law § 930(4). ExplainmyERMI interprets laboratory data and building information supplied by the customer. It does not inspect, visit, or assess any real property, and any building-related content in a Report is general educational information, not a determination about the customer's property. ExplainmyERMI does not advertise as, and does not hold itself out as, a "mold assessment contractor" within the meaning of N.Y. Lab. Law § 931(1).

- **District of Columbia (D.C. Code §§ 8-241.01(7), 8-241.03(b); 20 DCMR Chapter 32).** The Service is not a "professional indoor mold assessment" as defined in D.C. Code § 8-241.01(7), is not conducted by an "indoor mold assessment professional," and is not intended for use in any landlord-tenant proceeding under D.C. Code § 8-241.04 or § 8-241.05.

- **New Hampshire (RSA 310-A:189-b).** ExplainmyERMI does not perform an inspection, investigation, or survey of any dwelling, does not develop a mold remediation protocol, and does not collect any mold sample for analysis.

## 7. ERMI Methodology Limitations

The ERMI panel was developed by the U.S. Environmental Protection Agency for **population-level research**, not for individual-home diagnosis. The EPA has stated this position publicly. ExplainmyERMI is not affiliated with the EPA, with the developers of the HERTSMI-2 scoring system (Dr. Ritchie C. Shoemaker), or with any laboratory.

By using the Service you acknowledge the following intrinsic limitations of settled-dust ERMI testing, all of which constrain what any Report can validly say:

- **qPCR detects DNA, not viable spores.** A positive ERMI signal indicates DNA fragments of a species in dust; it does not directly indicate active growth, exposure, or viability.
- **Single-sample variance.** A single dust sample reflects one moment in one location and may not represent the building's average condition.
- **Seasonal effects.** Outdoor mold loads vary by season; indoor signals shift with windows, HVAC operation, and weather.
- **Sensitivity to housekeeping.** Recent vacuuming, surface cleaning, sample collection technique, and the room sampled all materially affect the result.
- **No source localization.** ERMI cannot tell you where mold growth, if any, is located in the building.
- **Reference-baseline staleness.** The Vesper et al. (2007) reference geometric means used as denominators in elevation-factor calculations derive from a sample collected from June 2005 to March 2006. Housing stock and ventilation practices have changed since then.

The Report communicates these limitations within its body. You agree that you have read and understood them before relying on any portion of the Report.

## 8. Permitted and Prohibited Uses

The Report is licensed to you for **personal, non-commercial, educational use** by you and your immediate household. Subject to that license, you may print the Report, share it informally with a clinician, contractor, or qualified mold assessor for context, and reference its contents in personal correspondence.

You may **not**:

- Submit the Report as evidence, exhibit, attachment, or expert opinion in any litigation, arbitration, mediation, regulatory proceeding, insurance claim, real-estate dispute, landlord-tenant proceeding, code-enforcement action, condominium-association dispute, or other adversarial process.
- Provide the Report to a current or prospective buyer, seller, lessor, lessee, lender, insurer, regulator, or attorney as a substitute for, or supplement to, a licensed assessment, where a licensed assessment is or may be required.
- Hold the Report out as having been prepared by a licensed mold assessor, indoor environmental professional, building scientist, or medical professional.
- Use the Report to support a claim of negligence, fraud, breach, or any other cause of action against any third party, including without limitation a seller, landlord, contractor, builder, or remediator.
- Reproduce, republish, or distribute the Report or its proprietary interpretive framework other than as expressly permitted above.
- Reverse-engineer, scrape, automate access to, or extract the underlying classification rules, thresholds, or weights of our framework.
- Submit lab values that are fabricated, altered, or that you do not have authority to use, or use the Service in a manner that violates any applicable law.

Nothing in these Terms limits your right to write and publish an honest review of the Service, including brief quotations from your Report that support your review.

## 9. Your Content and Data

When you place an order you submit lab values, sample dates, ZIP codes, building characteristics, an optional reference label, your name (if you give it), and an email address (collectively, "**Submission Data**"). You retain ownership of your Submission Data.

You represent that the Submission Data is accurate, that you have the right to submit it, and that submitting it does not violate any law, contract, or third-party right. **The accuracy of any interpretation depends entirely on the accuracy of the data you submit.** Inaccurate or fabricated data will produce inaccurate Reports; we are not responsible for such Reports.

## 10. Intellectual Property

## 11. No Warranties

THE SERVICE AND THE REPORT ARE PROVIDED "**AS IS**" AND "**AS AVAILABLE**" WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, **EXPLAINMYERMI DISCLAIMS ALL WARRANTIES**, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, OR QUIET ENJOYMENT.

Some jurisdictions do not allow the disclaimer of certain implied warranties. In those jurisdictions, the foregoing disclaimers apply to the maximum extent permitted by law.

## 12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

**(a) No special damages.** EXPLAINMYERMI WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR LOSS OF GOODWILL), EVEN IF EXPLAINMYERMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

**(b) Aggregate cap.** EXPLAINMYERMI'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNT YOU PAID TO EXPLAINMYERMI FOR THE ORDER GIVING RISE TO THE CLAIM OR (ii) ONE HUNDRED DOLLARS ($100).

**(c) Carve-outs.** Nothing in this Section limits ExplainmyERMI's liability for (i) fraud or fraudulent misrepresentation, (ii) willful misconduct, (iii) gross negligence (where the applicable law does not permit the cap to reach gross negligence), or (iv) any other liability that cannot be excluded or limited under applicable law (including, where applicable, California Civil Code § 1668).

**(d) Allocation of risk.** You acknowledge that the price of the Service is set in reliance on these limitations, that the Service would not be offered at this price without them, and that they reflect a reasonable allocation of risk between you and ExplainmyERMI.

**(e) Rights that cannot be waived.** Nothing in these Terms limits any right or remedy that cannot be waived or limited under applicable law, including the Texas Deceptive Trade Practices-Consumer Protection Act.

## 13. Indemnification

You agree to defend, indemnify, and hold harmless ExplainmyERMI, its members, officers, employees, contractors, and affiliates (the "**Indemnified Parties**"), **to the maximum extent permitted by applicable law**, from and against any and all claims, losses, liabilities, damages, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

- Your material breach of these Terms;
- Your fraud or fraudulent misrepresentation;
- Your Submission Data that you knew or should have known was inaccurate or fabricated;
- Your use of the Report in violation of Section 8 (Permitted and Prohibited Uses); or
- The use of the Report by any third party to whom you provided it in violation of Section 8.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

## 14. Dispute Resolution, Jury Trial Waiver, and Class-Action Waiver

**Read this section carefully. It limits your rights, including your right to a jury trial and your right to participate in class actions.**

**(a) Informal resolution first.** Any dispute, claim, or controversy arising out of or relating to the Service, the Report, these Terms, or the relationship between you and ExplainmyERMI is a "**Dispute**." Before filing any formal claim about a Dispute, you and ExplainmyERMI agree to first contact each other by email and attempt in good faith to resolve it informally for at least sixty (60) days. Customer notices go to legal@mycolytica.com. We will direct notices to the email address on file for your order.

**(b) Where Disputes are decided.** A Dispute that is not resolved informally may be brought as an individual action in small-claims court (in Texas, a justice court) if it qualifies, or otherwise in the courts identified in Section 16. These Terms do not require arbitration.

**(c) Individual claims only.** TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EXPLAINMYERMI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

**(d) Jury trial waiver.** TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EXPLAINMYERMI EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE. ANY DISPUTE THAT IS TRIED IN COURT WILL BE DECIDED BY A JUDGE.

**(e) If subsection (c) or (d) does not apply.** If subsection (c) or (d) is found unenforceable as to a particular claim or in a particular jurisdiction, that claim may proceed as applicable law allows, and the rest of this Section and of these Terms remains in effect.

## 15. California Residents

If you are a California resident, the following additional terms apply:

- **Civil Code § 1668.** Nothing in these Terms is intended to exempt ExplainmyERMI from liability for fraud, willful injury to the person or property of another, or any violation of law (whether intentional or grossly negligent), to the extent California Civil Code § 1668 prohibits such exemption.
- **CLRA.** If you are a member of a class protected by the California Consumers Legal Remedies Act, certain rights under that Act may apply to your transaction notwithstanding the choice of Texas law in Section 16. The class-action waiver in Section 14 applies to such claims to the maximum extent permitted by law.
- **Shine the Light.** California Civil Code § 1798.83 permits California residents to request a notice describing what categories of personal information we share with third parties for those parties' direct-marketing purposes. We do not currently share personal information with third parties for direct-marketing purposes. To inquire, email privacy@explainmyermi.com.
- **Privacy rights.** Your privacy rights under California law are described in our Privacy Policy.

## 16. Governing Law and Venue

These Terms, and any Dispute, are governed by the laws of the **State of Texas**, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the small-claims option in Section 14, you and the Company consent to the personal jurisdiction of, and agree to bring any Dispute in, the state courts located in **Williamson County, Texas**, or the United States District Court for the Western District of Texas, Austin Division, except where applicable law gives you the right to bring it elsewhere.

## 17. Changes to These Terms

We maintain an archive of every version that has been live, with effective dates and content hashes, so you can request the version that governed any specific past order.

## 18. Notices

**Notices to the Company.** Legal notices to the Company must be sent in writing to:

> Mycolytica LLC d/b/a ExplainmyERMI
> 5900 Balcones Drive STE 100
> Austin, TX 78731
> Email: legal@mycolytica.com

## 19. Assignment

## 20. Severability

## 21. Entire Agreement

## 22. Contact