Ownership of Site; Agreement to Terms of Service

These Terms and Conditions of Service (the "Terms of Service") apply to the Home Connect® web site located at www.homeconnectapp.com, and all associated sites linked to www.homeconnectapp.com by Home Connect®, its subsidiaries and affiliates, including Home Connect® sites around the world (collectively, the "Site"). The Site is the property of Home Connect® Inc. ("Home Connect®") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
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Home Connect® reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, Home Connect® grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Home Connect®, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
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Except as expressly provided in these Terms of Service, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Home Connect®’s express prior written consent.
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You may use information on Home Connect® products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Home Connect® for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Home Connect® reserves the right to bar any such activity.
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You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Home Connect® server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
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You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Home Connect®, including any Home Connect® account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
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You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Home Connect®’s systems or networks, or any systems or networks connected to the Site or to Home Connect®.
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You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
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You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Home Connect® on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
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You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of Home Connect® or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
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Home Connect®’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Home Connect® may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Home Connect® makes no commitment to update the materials on the Site with respect to such products and services.
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The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
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Guidelines for Using Home Connect® Trademarks & Copyrights
Rights & Permissions
Trademarks
Claims of Copyright Infringement
Piracy
Counterfeit Products
Home Connect®’s Unsolicited Idea Submission Policy
Software License Information
Legal Contacts
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Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a Home Connect® ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Home Connect® immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Home Connect® or any other user of or visitor to the Site due to someone else using your Home Connect® ID, password or account as a result of your failing to keep your account information secure and confidential.
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You may not use anyone else’s Home Connect® ID, password or account at any time without the express permission and consent of the holder of that Home Connect® ID, password or account. Home Connect® cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Home Connect®’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Service by this reference. To view Home Connect®’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Home Connect® Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Home Connect®’s control, and Home Connect® is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

HOME CONNECT® DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. HOME CONNECT® CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. HOME CONNECT® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOME CONNECT® DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY HOME CONNECT® SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HOME CONNECT® FOR DISSATISFACTION WITH THE SITE OR ANY SUCH CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
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The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
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Home Connect® reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
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You may not use anyone else’s Home Connect® ID, password or account at any time without the express permission and consent of the holder of that Home Connect® ID, password or account. Home Connect® cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Limitation of Liability

Except where prohibited by law, in no event will Home Connect® be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Home Connect® has been advised of the possibility of such damages.
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If, notwithstanding the other provisions of these Terms of Service, Home Connect® is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Home Connect®’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Home Connect® (but not including the purchase price for any Home Connect® hardware or software products or any Home Connect Concierge or similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Home Connect®, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Home Connect® by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Service

Home Connect® may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Home Connect®’s rights or property, or the rights or property of visitors to or users of the Site, including Home Connect®’s customers. Home Connect® reserves the right at all times to disclose any information that Home Connect® deems necessary to comply with any applicable law, regulation, legal process or governmental request. Home Connect® also may disclose your information when Home Connect® determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
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You acknowledge and agree that Home Connect® may preserve any transmittal or communication by you with Home Connect® through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Home Connect® determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Service, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Home Connect®, its employees, users of or visitors to the Site, and the public.
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You agree that Home Connect® may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Home Connect®, for which monetary damages would be inadequate, and you consent to Home Connect® obtaining any injunctive or equitable relief that Home Connect® deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Home Connect® may have at law or in equity.
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You agree that Home Connect® may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
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If Home Connect® does take any legal action against you as a result of your violation of these Terms of Service, Home Connect® will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Home Connect®. You agree that Home Connect® will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Service.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Home Connect® and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Home Connect® administers and operates the www.homeconnect.com Site from its location in Cupertino, California USA; other Home Connect® sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Home Connect® reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
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If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. These Terms of Service constitute the entire agreement between you and Home Connect® with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Home Connect® with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Home Connect®, Home Connect® will not accept any counter-offers to these Terms of Service, and all such offers are hereby categorically rejected. Home Connect®’s failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by Home Connect® of any provision or any right it has to enforce these Terms of Service, nor shall any course of conduct between Home Connect® and you or any other party be deemed to modify any provision of these Terms of Service. These Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.
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Home Connect® provides access to Home Connect® international data and, therefore, may contain references or cross references to Home Connect® products, programs and services that are not announced in your country. Such reference does not imply that Home Connect® in your country intends to announce such products, programs or services.

Documentation. This Market Access Agreement (the “Agreement”)  is made up of the following documents:

1. Market Configuration: Details the market(s) selected, including the Reach percentage and corresponding payment.

2. Final Access Summary: Provided upon confirmation, outlining the ordered Reach percentage and total cost.

3. Terms & Conditions: These Terms & Conditions are effective as of the date you place your order and make your Order Fee (the “Order Date”).

This Agreement governs the purchase of Market Access rights (the 'Order') up to the amount paid. The rights described herein are non-refundable and non-transferable and do not constitute a service agreement with Home Connect. Any future service agreement will be entered into separately.

Agreement to Purchase.

You agree to purchase the Home Connect services (the “Services”) described in your Market Configuration from Home Connect, or its affiliate (“we,” “us,” or “our”), pursuant to the terms and conditions of this Agreement. Your Services are priced and configured based on features and options available at the time of order, including the Order Fee, and you can confirm availability with a Home Connect advisor. Options, features, or data updated or changed after you place your order may not be included in or applicable to your Services.

Purchase Price, Taxes and Order Fees.

The Order Fee specified in your Market Configuration represents the cost of reserving exclusive Market Access rights for the designated Reach percentage. This Order Fee does not include taxes or other fees unless expressly stated. Because market conditions and Reach availability may vary, any applicable adjustments will be calculated closer to confirmation and indicated in your Final Access Summary. You are responsible for paying any additional amounts if applicable. If you present a check for any payment, we may process the payment as a normal check transaction, or we may use information from your check to make a one-time electronic fund transfer from your account, in which case your bank account will reflect this transaction as an Electronic Fund Transfer.

Order Process; Cancellation; Changes.

After you submit your completed order, we will begin the process of reserving and coordinating your Market Access. At this point, you agree that the Order Fee has been earned. All payments made under this Agreement are final and non-refundable. Once payment is processed, Market Access rights are reserved exclusively for you and cannot be canceled or transferred. By placing an order, you acknowledge this policy and waive the right to dispute charges based on order cancellation. Market Access is deemed delivered upon confirmation of payment and issuance of the Final Access Summary. Any timelines provided for market access confirmation or onboarding are estimates only. Home Connect does not guarantee specific delivery dates and shall not be liable for delays caused by unforeseen circumstances or high demand.

If you cancel your order or breach this Agreement and we cancel your order, you agree that we may retain the Order Fee as liquidated damages, to the extent not otherwise prohibited by law. You acknowledge that the Order Fee is a fair and reasonable estimate of the actual damages we have incurred or may incur in reserving, remarketing, and reallocating the Reach percentage, costs which are otherwise impracticable or extremely difficult to determine. If you make changes to your order, you may be subject to potential price adjustments based on updated Reach calculations or market conditions. Any changes made by you to your Market Configuration, including changes to the market or Reach percentage, will be reflected in a subsequent Market Configuration that will form part of this Agreement. The Order Fee and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.

Agreement to Arbitrate.

Please carefully read this provision, which applies to any dispute between you and Home Connect Platform, Inc. and its affiliates (together “Home Connect”).

If you have a concern or dispute, please send a written notice describing it and your desired resolution to resolutions@homeconnectapp.com.

If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Home Connect will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our services. You further agree that any disputes related to the arbitrability of your claims will be decided by the court rather than an arbitrator, notwithstanding AAA rules to the contrary.

To initiate the arbitration, you will pay the filing fee directly to AAA, and we will pay all subsequent AAA fees for the arbitration, except you are responsible for your own attorney, expert, and other witness fees and costs unless otherwise provided by law. If you prevail on any claim, we will reimburse you your filing fee. The arbitration will be held in New Castle County, Delaware, or the city or county of your residence. To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org.

The arbitrator may only resolve disputes between you and Home Connect and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing Market Access rights or services from Home Connect. In other words, you and Home Connect may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court, and any other claims must be arbitrated.

If you prefer, you may instead take an individual dispute to small claims court.

You may opt out of arbitration within 30 days after signing this Agreement by sending a letter to: Home Connect Platform, Inc.; New Castle County, Delaware, stating your name, Order Number, and intent to opt out of the arbitration provision. If you do not opt out, this agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a service agreement or payment contract.

Privacy Policy; Payment Terms for Services.

Home Connects Customer Privacy Policy; Payment Terms for Services are incorporated into this Agreement and can be viewed at www.homeconnectapp.com/legal/privacy-policy.

Limitation of Liability.

We are not liable for any incidental, special, or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Order Fee and Order Deposit. Home Connect’s liability under this Agreement is strictly limited to the Order Fee paid by you. Home Connect shall not be held responsible for incidental, special, or consequential damages arising from this Agreement, including but not limited to market changes, competitive impacts, or delayed Advisor contact.

No Resellers; Discontinuation; Cancellation.

Home Connect and its affiliates sell Market Access rights directly to end-users, and we may unilaterally cancel any order that we believe has been made with a view toward resale of Market Access rights or that has otherwise been made in bad faith, and we will retain your Order Fee. This includes orders for which a third party is facilitating or brokering the reservation, or if the Market Access is intended to be transferred or reassigned without our prior written consent.

We may also cancel your order and refund your Order Fee if we discontinue a market, Reach percentage, or service feature after the time you place your order. If a market is discontinued after your payment, Home Connect will issue a refund of the Order Fee for the affected market only. This refund applies exclusively to the affected market and does not extend to other markets or services purchased under this Agreement. We work to fulfill your order as quickly as we can. If you become unresponsive to us or fail to complete a requested action necessary to progress toward confirming your Market Access, we may cancel your order and retain your Order Fee. Alternatively, Home Connect may give you the option to update your Market Configuration at the current pricing.

Default and Remedies.

You will be in default and/or breach of this Agreement if any one of the following occurs (except as prohibited by law): you fail to perform an obligation that you have undertaken in this Agreement; or we, in good faith, believe that you cannot or will not pay or perform the obligations you have agreed to in this Agreement. You will also be in default and/or breach of this Agreement if you provide false or misleading information in your order or do anything else the law says is a default. Home Connect makes no guarantees regarding potential benefits associated with Market Access. Additionally, any false or misleading information provided by you during the ordering process will constitute a breach of this Agreement, allowing Home Connect to cancel the Agreement and retain Order Fees as damages.

If you are in default, we may, after providing any legally required notice or waiting period: (i) do anything to protect our interest in the Market Access rights, including suspending or terminating your access using legally permitted means, (ii) reallocate your Market Access to other clients, (iii) sue you for damages arising from the breach, and/or (iv) charge you for amounts we spend taking these actions, including but not limited to attorney fees and costs.

Governing Law; Integration; Assignment.

The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State of Delaware, specifically in New Castle County. This Agreement supersedes all prior agreements, oral statements, negotiations, communications, or representations regarding Market Access rights. Terms relating to the purchase not expressly contained herein are not binding. Any failure to perform obligations under this Agreement will be subject to the remedies outlined in the Default and Remedies section. We may assign this Agreement at our discretion to one of our affiliated entities.

Published: January 1, 2025

Effective: February 1, 2025

Introduction to the Home Connect Service Agreement

The Home Connect Service Agreement is an agreement between you and Home Connect that governs your use of our platform and service.

This Agreement outlines your rights and responsibilities when using Home Connect. Please read it carefully, paying special attention to the payment terms, non-refund policy, and limits on liability.

We understand that you may have questions about the Home Connect Service Agreement. If you need more information on its terms and how it applies to your use of Home Connect, please contact us. We encourage you to do so before signing your proposal or making your payment.

Whenever we make changes, we provide a summary of the most notable changes to the current Home Connect Service Agreement. We will also continue to provide a summary of the changes to the previous version, and a link to the previous version, of the Home Connect Service Agreement on the Summary of Changes (https://www.homeconnectapp.com/legal/serviceagreement/updates) page.

Summary of Arbitration Provisions

The Home Connect Service Agreement contains binding arbitration and class action waiver terms that apply to U.S. residents. You and we agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury, except in small claims court. Please see Section 8 for details.

By signing the Proposal or submitting payment, you agree to these terms. If you do not agree, do not sign the Proposal or submit payment, and do not use the Home Connect platform.

ESTIMATED READING TIME: 38 Minutes; 7,764 words

Home Connect Service Agreement

IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 8. IT AFFECTS HOW DISPUTES ARE RESOLVED.

These terms ("Terms") cover your use of the Home Connect platform and service as outlined in the Home Connect Service Agreement. You accept these Terms by signing your Proposal, submitting your payment, or continuing to use the service after being notified of a change to these Terms.

HOME CONNECT® SERVICE AGREEMENT

FOR HOME CONNECT SERVICES OFFERED IN THE UNITED STATES

HOME CONNECT WEBSITE, AND HOME CONNECT PLATFORM

These service terms form an agreement between you and Home Connect®. Please read them carefully. They apply to any (“Proposal”) you sign that references this Home Connect Service Agreement (the “Agreement”).

Agreement. This Agreement is a legal contract between Home Connect Platform, Inc. (“Home Connect,” “we,” “us,” or “our”) and you (the individual or entity identified as the “Client” in the referenced Proposal). This Agreement governs the services we provide through the Home Connect platform. All payment terms, including billing cycles, invoicing, renewal terms, refund policies, and other financial obligations, are outlined here. This Agreement does not establish any fixed pricing or specific contract term length. In the event of any conflict between this Agreement and the Proposal, the Proposal will control on matters of payment amount and contract duration, and this Agreement will control on all other terms.

Proposal. Your Proposal is a separate electronic document that outlines and governs Your Payment (“Budget”) and Contract Length (“Campaign Duration”) for Home Connect services. The Proposal references these Terms and is part of this Agreement. By signing your Proposal, you expressly acknowledge and agree that the Terms of this Agreement govern your use of the Home Connect services.

Budget. Your budget is the amount of money you're willing to spend on your ads over a 30-day period. It helps Home Connect determine how often to show your ad to your target audience.

Campaign Duration. The Campaign Duration refers to the length of time your ad campaign will run, which is defined in months in your Proposal. For each month, your ads will run continuously over a 30-day period, beginning on your chosen start date. Your Proposal specifies how many months the campaign will last and the budget allocated for each month. The ads will reach your target audience throughout that 30-day period each month.

If you are a new client, a 15-day onboarding period will be added before your Campaign Duration begins. Onboarding begins immediately upon receipt of your payment. Your Campaign Duration will commence once the onboarding process is fully completed.

BY SIGNING YOUR PROPOSAL OR SUBMITTING YOUR PAYMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT SIGN YOUR PROPOSAL OR SUBMIT YOUR PAYMENT, AND YOU MAY NOT ACCESS OR USE THE HOME CONNECT PLATFORM.

Non-Refundable. Your payments, including renewals, are non-refundable unless explicitly stated otherwise.

ELECTRONIC WAIVER. YOU WAIVE ANY RIGHT TO DISPUTE THIS AGREEMENT BASED ON ITS ELECTRONIC FORM.

If you comply with these service terms, you have the rights below.

1. SCOPE OF THE "HOME CONNECT" SERVICES.

Home Connect provides a standardized platform for advertisers, with results and benefits directly influenced by the budget set in your Proposal. A higher budget increases reach and engagement within the platform. This Agreement outlines the services you will receive based on your agreed-upon payment and term.

1.1. Qualified Homeowners. Qualified Homeowners are the homeowners you're targeting. These are individuals that match your ideal customer profile based on factors like property, demographics, and homeownership stage. Your reach is determined by your budget.

1.2. Campaign Messaging. Campaign Messaging is a personalized way to connect you with qualified homeowners. The duration of your campaign is defined in your proposal.

1.3. Custom Messaging. Custom Messaging is all about delivering messages that match your brand and goals. These messages are crafted to drive the results you want, using your preferred language, offers, and timelines to boost engagement and conversions. You’ll provide the details, and we’ll create the messaging for your approval before it goes live.

1.4. Personalized Responses. Personalized Responses are tailored messages that reflect your brand’s unique voice, designed to build trust and drive conversions. You’ll share your brand preferences, including key strategies and guidelines, and we’ll craft the responses for your approval before they go out.

1.5. Appointment Scheduling. Appointment Scheduling makes it easy for engaged homeowners to book appointments through a simple scheduling link. If you'd like, we can integrate this with your existing calendar system. Alternatively, you can use your own calendar, though this will mean you won’t have access to performance analytics, voiding Section 1.6.

1.6. Performance Analytics. Performance Analytics gives you valuable insights into your campaign’s reach, efficiency, and conversion metrics, helping you optimize results. Access is available upon request.

1.7. Opportunity Sharing. Opportunity Sharing gives you access to unconverted opportunities after a campaign, allowing you to follow up and retarget for better re-engagement and conversions. If requested, we’ll provide a .CSV file with these opportunities within 10 business days after the campaign ends.

1.8. Dedicated Email Support. Dedicated Email Support gives you direct access to a priority email channel for personalized assistance whenever you need it.

1.9. Priority Market Access. Priority Market Access gives you first entry into new markets with exclusive protections that keep competitors out, ensuring limited access for only a select few non-competing businesses.

1.10. Booked Appointments. Booked Appointments are confirmed meetings with engaged Qualified Homeowners. You’ll have access to these appointments as outlined in Section 1.5.

1.11. Scalable Solutions. Scalable Solutions grow with you, expanding seamlessly as your needs evolve to ensure continued support and efficiency.

2. AGREEMENT ACTIVATION, RENEWAL & TERMINATION TERMS:

2.1. Activation. Activation occurs when this Agreement becomes legally effective and binding on both Home Connect and you, the Client. This happens only upon Home Connect’s confirmed receipt of your payment, as specified in your Proposal and documented in our internal records. Until payment is received and confirmed, no obligations or benefits under this Agreement apply to either party. Upon Activation, the initial term of this Agreement will align with the Campaign Duration outlined in your Proposal, starting from the date and time of Home Connect’s confirmed receipt of payment, based on Eastern Time (ET).

2.2. Term and Renewal. This Agreement begins on the date of your first payment and continues for the Campaign Duration outlined in your Proposal. After the initial term, your Agreement will automatically renew for successive renewal periods under the same terms, unless otherwise specified in your Proposal. Each renewal term is binding for its full duration and cannot be canceled mid-term. Any attempt to discontinue services before the end of a renewal period does not entitle you to a refund or prorated adjustment. Home Connect will automatically charge you for each renewal term, following the pricing and payment terms specified in your Proposal, unless we notify you otherwise. If pricing changes before your next renewal, we will provide written notice, giving you the option to renew under the new terms. If you have maintained continuous services with Home Connect for two (2) years, you may request a pricing review. We will assess market rates at that time, but any adjustments remain at Home Connect’s sole discretion.

2.3. Cancellation. If you wish to cancel this Agreement, you must provide written notice at least 30 days before the end of your current term. Upon cancellation, you will lose all benefits associated with Home Connect services and will not be entitled to a refund. Failure to provide written notice will result in automatic renewal and the associated charges as outlined in your Proposal.

2.4. Non-Renewal by Home Connect. Home Connect reserves the right to decline renewal of this Agreement at any time, without cause. If this occurs, your access to Home Connect services will end at the conclusion of your current term. No refunds will be issued for any payments made to Home Connect.

2.5. Termination by Home Connect. Home Connect reserves the right to terminate this contract at any time during the active term, for any reason and at its sole discretion. If the termination is not due to a breach of any provision in this contract (including but not limited to the provisions regarding non-competition, non-solicitation, non-disparagement, etc.), a violation of Home Connect’s terms of use, or any "illegal activity" (including, but not limited to, scams, fraudulent activities, or non-compliance with FCC, FTC, GDPR, CCPA, COPPA, HIPAA etc.) by you through the use of the Home Connect technology or your Home Connect access, all of your privileges granted under this Agreement will be immediately revoked, and Home Connect will refund your last twenty-eight (28) day payment. This termination will take effect seventy-two (72) hours after written notice from Home Connect. In the event of this “At-Will Termination by Home Connect,” the only benefit for you that will survive the termination of this agreement is the right to retain any leads or customers obtained through the service prior to termination. You will continue to benefit from any customers acquired during the term but will not be able to generate or receive new leads or customers immediately upon termination. No further benefits, access, or rights will be provided to you following termination for cause, including but not limited to access to any leads, materials, or proprietary tools.

2.6. Termination for Cause by Home Connect. If Home Connect terminates the contract during the active term due to a breach of any provision in this contract (including but not limited to the provisions regarding non-competition, non-solicitation, non-disparagement, etc.), a violation of Home Connect's terms of use, or any "illegal activity" (including, but not limited to, scams, fraudulent activities, or non-compliance with regulations as set forth by or required by regulatory bodies or acts such as FCC, FTC, GDPR, TCPA, CCPA, COPPA, HIPAA, etc.) by you through the use of the Home Connect technology or your Home Connect access, all of your privileges granted under this Agreement will be immediately revoked, and no refund will be provided for any money you have spent with Home Connect. This termination will take effect immediately upon written notice from Home Connect. To avoid confusion, in the event of this “Termination for Cause by Home Connect”, along with all other benefits, all referral commissions will cease to be paid out to you.

2.7. No Refunds. Home Connect does not offer refunds under any circumstances. Upon signing and completing your Proposal, Home Connect will begin reserving and coordinating your Market Access. At this point, you expressly agree that the payment amount outlined in your Proposal has been fully earned. All payments made under this Agreement are final, non-refundable, and not contingent upon any specific service outcome or result. Once payment is processed, Market Access rights are exclusively reserved for you and cannot be canceled, transferred, or reassigned. This payment covers fixed, non-recoverable costs such as onboarding, configuration, and service setup. No refunds; partial or full; will be issued, regardless of dissatisfaction, changes in circumstances, or any other reason. By signing your Proposal and submitting payment, you acknowledge and agree to this policy and waive any right to dispute the charges. Market Access is considered delivered once the Agreement is executed. Any timelines for Market Access confirmation or onboarding are estimates, and Home Connect is not liable for delays caused by unforeseen circumstances or high demand.

2.8. Chargeback Waiver and Chargeback Dispute Resolution. You irrevocably waive any right to dispute, request a chargeback, or otherwise reverse any payment made under this Agreement. Any attempt to initiate a chargeback will be considered a material breach of this Agreement. In such cases, Home Connect is entitled to recover the full disputed amount, along with any chargeback fees, legal fees, collection costs, and damages incurred as a result. A chargeback attempt will lead to the immediate termination of all services, forfeiture of all benefits, and the pursuit of any additional legal remedies as necessary. This waiver applies to all dispute and chargeback mechanisms available through your financial institution or credit card provider. You agree to resolve any payment disputes exclusively through the arbitration process outlined in Section 8 of this Agreement, rather than through your financial institution or credit card company. This waiver will be enforced to the fullest extent allowed by applicable state and federal law. Furthermore, you agree to bear any costs related to reinstating or continuing services disrupted by a chargeback or dispute. Home Connect reserves the right to terminate the Agreement immediately and pursue any additional remedies under the law, without prior notice.

2.9. Breach of Agreement and Post-Termination Obligations. In the event of a breach, you must immediately cease all representations of affiliation with Home Connect. You agree not to claim any association with Home Connect or use any of its trademarks, service marks, trade names, or logos. You must also discontinue any future business activities related to Home Connect and promptly return or destroy all confidential information, materials, and property belonging to Home Connect, as directed by us. These obligations will continue even after the termination or expiration of this Agreement and will remain binding on you and your successors.

2.10. Survival of Provisions After Termination. Notwithstanding any termination of this Agreement, the following provisions & obligations shall survive and remain in full force and effect:

2.10.a. Your payment obligations for fees accrued prior to termination under Section 1 shall survive until such obligations are fully satisfied;

2.10.b. Chargeback waiver under Section 2.8 shall survive indefinitely, ensuring Home Connect retains the right to pursue recovery of any disputed amounts and associated costs even after termination of this Agreement;

2.10.c. Confidentiality obligations under Section 3 shall survive indefinitely;

2.10.d. Home Connect’s limitation of liability under Section 5 shall survive indefinitely;

2.10.e. Mutual indemnity obligations under Section 6 shall survive indefinitely;

2.10.f. Dispute resolution and class action waiver clause under Section 8 shall survive indefinitely;

2.10.g. Non-disparagement obligations under Section 12 shall survive for a period of two (2) years following the termination or expiration of this Agreement;

2.10.h. Non-compete obligations under Section 13 shall survive for a period of two (2) years following the termination or expiration of this Agreement;

2.10.i. Non-solicitation obligations under Section 14 shall survive for a period of two (2) years following the termination or expiration of this Agreement; and

2.10.j. Intellectual property rights under Section 15 shall remain with Home Connect indefinitely.

2.10.k. In addition to the specific provisions listed above, any other provisions of this Agreement which by their nature should reasonably survive termination or expiration of this Agreement shall so survive.

2.11. Compliance with Laws and Prohibition of Illegal Activity. You acknowledge that you must remain compliant with all applicable laws, regulations, and Home Connect’s usage policies throughout the duration of this Agreement. You agree not to engage in any illegal activity using Home Connect’s technology, services, or any benefits provided under this Agreement. Failure to comply with this requirement may result in the immediate termination of the contract without a refund.

2.12. Acknowledgment of Home Connect’s Terms of Use. You acknowledge that you have read, understand, and are aware of Home Connect’s Terms of Use. You agree to stay up to date on any changes to these terms, which can be found at the following link: https://homeconnectapp.com/terms-of-use

3. CONFIDENTIALITY AND PROPRIETARY INFORMATION:

3.1. Confidential Information. The term “Confidential Information” shall mean any and all proprietary, confidential, or sensitive information of Home Connect, whether disclosed orally, in writing, or by other means, including but not limited to: (i) product roadmap, business strategies, pricing schema, and AI configurations of Home Connect; (ii) the structure and terms of this Agreement; (iii) any non-public financial, technical, or business information of Home Connect, including homeowner data sources and case study results; (iv) any trade secrets, know-how, or other intellectual property of Home Connect; and (v) any other information that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. Such Confidential Information is not readily available to the public, and you acknowledge that the Confidential Information holds inherent economic value derived in part from its unavailability to the public.

3.2. Confidentiality Obligations. Under this Agreement, you agree to treat such Confidential Information as confidential unless expressly indicated otherwise by Home Connect. You are obligated to maintain strict confidentiality and may utilize this knowledge exclusively for the purpose permitted by Home Connect. If you have any questions regarding those permitted uses, you are obligated to inquire with Home Connect. The reproduction, distribution, or disclosure of any part or the whole of the Confidential Information to any third party, without the prior written consent of Home Connect, is strictly prohibited. You remain responsible for any disclosure of Confidential Information by its employees, agents, contractors, or other third parties within its control, whether such disclosure is intentional or unintentional.

3.3. Confidentiality Protection and Survival. You also agree to take all necessary measures to protect the confidentiality of the Confidential Information. The obligations of confidentiality shall survive the termination or expiration of this Agreement indefinitely and shall continue to apply to any Confidential Information that constitutes a trade secret under applicable law for as long as such information retains its status as a trade secret.

4. DISCLAIMER OF WARRANTY.

NO WARRANTY OF ANY KIND IS MADE BY HOME CONNECT REGARDING ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED IN CONNECTION WITH HOME CONNECT, OR RESULTS FROM USE OF SAME. HOME CONNECT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES AND ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY LAW. Home Connect services are provided "as is," "with all faults," and "as available." You assume all risks regarding their quality, performance, and effectiveness. If the services do not meet your expectations or require adjustments, you are solely responsible for any associated costs. HOME CONNECT MAKES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS REGARDING THE PERFORMANCE OR OUTCOMES OF ITS SERVICES. You may have additional consumer rights under local laws that this Agreement cannot modify. To the extent permitted by law, HOME CONNECT DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. If your local laws impose any warranty despite this disclaimer, its duration is limited to 90 days from the date of your initial access to Home Connect services.

5. LIMITATION OF LIABILITY AND DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOME CONNECT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF HOME CONNECT'S PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, OR ANY OTHER ECONOMIC ADVANTAGE, EVEN IF HOME CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HOME CONNECT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT OF THE MOST RECENT FEE PAID BY YOU TO HOME CONNECT UNDER THIS AGREEMENT, WHETHER A PAYMENT AMOUNT OR CONTRACT DURATION AS SPECIFIED IN YOUR PROPOSAL. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF HOME CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

5.1. SERVICE-SPECIFIC LIABILITY PROTECTIONS.

The following service-specific provisions clarify and reinforce the general limitations of liability outlined in Section 5 as they apply to individual services provided by Home Connect. These provisions constitute a fundamental condition of this Agreement, acknowledged by you as an intentional allocation of risk. All terms in this section are supplementary to, and do not alter, expand, or replace, the limitations on liability and damages established in Section 5. These provisions do not create additional obligations beyond those expressly stated in this Agreement:

5.1.a. Limitation of Liability for Qualified Homeowners. Home Connect shall not be liable for any inaccuracies in the identification or targeting of “Qualified Homeowners” that may result from incomplete or incorrect criteria provided by you. All Qualified Homeowners data is provided on an “as-is” basis, with no representation, warranty, or guarantee regarding conversion, responsiveness, or economic benefit. You acknowledge full responsibility for evaluating and engaging with any Qualified Homeowners independently. Home Connect disclaims any liability for the future actions, interests, or responses of these individuals. All limitations in Section 5 remain fully applicable to this provision.

5.1.b. Limitation of Liability for Campaign Schedule. Home Connect is not responsible for any delays or interruptions in the Campaign Messaging schedule caused by delays in your authorization or changes made after the campaign has started. Our responsibility is limited to the initial setup and launch, and we are not obligated to make ongoing adjustments unless agreed to in writing. Ensuring compliance with all local, state, and federal laws regarding content and outreach is your sole responsibility. Home Connect disclaims any liability beyond providing general guidance on compliance. All limitations in Section 5 still apply.

5.1.c. Limitation of Liability for Custom Messaging. Home Connect is not responsible for any perceived ineffectiveness or unintended outcomes from Custom Messaging. All messaging is created based on your specifications and must be approved by you. You, as the Client, hold final responsibility for content approval. Home Connect’s responsibility is limited to creating the messaging as per your approved specifications, and we do not guarantee performance related to engagement or conversion. All other limitations in Section 5 still apply.

5.1.d. Limitation of Liability for Personalized Responses. Home Connect is not liable for any outcomes resulting from Personalized Responses created based on your guidance. Any misalignment with your brand or negative reactions from recipients are beyond Home Connect’s control, as responses are crafted within the framework you provide. You, as the Client, retain final approval over the response framework and are responsible for all engagements. All limitations in Section 5 still apply.

5.1.e. Limitation of Liability for Appointment Scheduling. Home Connect is not liable for missed or rescheduled appointments resulting from Appointment Scheduling, including any technical issues with third-party platforms or conflicts with your calendar system. Home Connect disclaims responsibility for the reliability, functionality, or management of third-party systems. If you choose to use your own scheduling system, you will not have access to performance analytics as outlined in Section 1.5. All limitations in Section 5 still apply.

5.1.f. Limitation of Liability for Performance Analytics. Home Connect provides Performance Analytics as a supplementary tool, without any warranties regarding the accuracy, completeness, or applicability of the insights. Home Connect is not liable for any business decisions or outcomes based on these analytics. Performance analytics is offered on an "as-is" basis, and access is dependent on your participation. All limitations in Section 5 still apply.

5.1.g. Limitation of Liability for Opportunity Sharing. Home Connect is not liable for the success or effectiveness of any follow-up actions you take using Opportunity Sharing data. Our role is limited to providing a .CSV file of unconverted opportunities after the campaign is complete, without any warranty on data accuracy or compatibility with your systems. You assume full responsibility for any re-engagement efforts. All limitations in Section 5 still apply.

5.1.h. Limitation of Liability for Dedicated Email Support. Home Connect’s Dedicated Email Support provides you with access to an exclusive email channel for assistance, with responses typically delivered within reasonable timeframes. We are not liable for any delays caused by network issues, high inquiry volumes, or incomplete information from you. All communications are advisory and non-binding. All limitations in Section 5 still apply.

5.1.i. Limitation of Liability for Priority Market Access. Home Connect’s liability for Priority Market Access is limited to providing you with first access to new markets as outlined in the Agreement. We do not guarantee exclusivity beyond the agreed period and are not liable if competitors enter the market after the exclusivity period ends. Exclusivity is confined to the initial access period and does not extend indefinitely. All limitations in Section 5 still apply.

5.1.j. Limitation of Liability for Booked Appointments. Home Connect’s liability for Booked Appointments is limited to facilitating scheduling with Qualified Homeowners. We do not guarantee your success in converting these appointments into business opportunities and are not liable for any outcomes from your interactions with homeowners after the appointment. All limitations in Section 5 still apply.

5.1.k. Limitation of Liability for Scalable Solutions. Home Connect’s liability for Scalable Solutions is limited to providing options that align with your growth needs. We do not guarantee the availability of solutions for all scales and are not liable if your specific needs exceed our standard offerings. Availability of scalable options is subject to service capacity and resource availability. All limitations in Section 5 still apply.

These limitations are intended to remain effective even upon termination or expiration of this Agreement and shall continue in force independently of any invalidation or unenforceability of other Agreement terms. If any provision herein is deemed unenforceable, all other provisions will continue to the fullest extent permitted by applicable law.

5.2. EXPLICIT DISCLAIMER OF GUARANTEED RESULTS.

Home Connect is dedicated to delivering its services with diligence, care, and professionalism to support your business objectives. These services include identifying Qualified Homeowners, facilitating messaging, managing responses, and providing tools for booking appointments. While Home Connect will make every reasonable effort to perform its services effectively under this Agreement, HOME CONNECT MAKES NO GUARANTEE OF SPECIFIC RESULTS, INCLUDING, BUT NOT LIMITED TO, CONVERSIONS, CLOSED DEALS, BOOKED APPOINTMENTS, INCREASED REVENUE, OR OTHER MEASURABLE BUSINESS ACHIEVEMENTS. You acknowledge that SERVICE EFFECTIVENESS DEPENDS ON FACTORS OUTSIDE HOME CONNECT’S CONTROL, INCLUDING MARKET CONDITIONS, ECONOMIC TRENDS, COMPETITIVE DYNAMICS, AND YOUR EXECUTION, FOLLOW-UPS, AND STRATEGIES. By accepting this Agreement, you assume all risks in pursuing business goals through Home Connect. Liability limitations in Section 5 apply. Home Connect remains committed to industry standards of quality and care.

6. MUTUAL INDEMNITY.

The parties agree to defend, indemnify and hold harmless, each other and each other’s affiliates, officers, subsidiaries, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers, and employees, from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the indemnifying party’s misuse of the Home Connect Products and Services, violation of this Agreement, or breach of any of acknowledgements, agreements, representations, warranties, and obligations herein, or the indemnifying party’s negligent, reckless, or willful acts. The indemnity obligation hereunder shall be limited to damages directly attributable to negligent or willful misconduct by either party.
 
YOU ACKNOWLEDGE THAT HOME CONNECT HAS SET ITS PRICES AND HAS PROVIDED ACCESS TO ITS PRODUCTS AND SERVICES IN RELIANCE ON THESE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THIS AGREEMENT, AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS UPON WHICH HOME CONNECT OFFERS ITS PRODUCTS AND SERVICES. YOU AGREES THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THIS AGREEMENT SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

7. GOVERNING LAW, JURISDICTION AND VENUE.

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Except as otherwise provided in Section 8 (Dispute Resolution and Class Action Waiver), all disputes, claims, or controversies arising out of or relating to this Agreement, including its negotiation, execution, performance, or termination, shall be resolved exclusively in the state or federal courts located in New Castle County, Delaware. The parties irrevocably consent to the personal jurisdiction of such courts and waive any objection based on improper venue or forum non conveniens. Notwithstanding the arbitration requirement in Section 8, Home Connect may, at its sole discretion, initiate a court proceeding in your home state for collection claims related to non-payment. If a judgment is obtained in Delaware, you agree to the domestication and enforcement of that judgment in their home jurisdiction.

8. DISPUTE RESOLUTION AND CLASS ACTION WAIVER:

8.1. Most concerns can be resolved quickly by contacting Home Connect’s Client Service Center via concierge@homeconnectapp.com. In the unlikely event that Client Services cannot resolve your complaint to your satisfaction, or if Home Connect has not been able to resolve a dispute after attempting to do so informally, then, except for collection claims and petitions for injunctive relief, the parties agree to resolve all other disputes through binding arbitration rather than in court. Arbitration is less formal than a lawsuit and uses a neutral arbitrator instead of a judge or jury, allowing less discovery than judicial proceedings, and is subject to very limited court review. Here, the American Arbitration Association (AAA) will serve as the arbitration provider to take place in New Castle County, Delaware. The parties agree that any arbitration hereunder will take place on an individual basis, and you waive any right to pursue a dispute on a representative, group, collective, or class action basis. You acknowledge that all disputes, including payment disputes, are subject to binding arbitration under this Agreement.

8.2. You may, and are encouraged, to speak with their own attorney before entering into this Agreement or purchasing any product or service offered by Home Connect, but your execution of this Agreement or purchase of any Home Connect product or service constitutes your acceptance of this Agreement, including this provision.

8.3. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND HOME CONNECT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A REPRESENTATIVE, GROUP, COLLECTIVE OR CLASS ACTION OR ARBITRATION. YOU AND HOME CONNECT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED REPRESENTATIVE, GROUP OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL.

8.4. Home Connect is committed to ethical business practices and does not condone high-pressure sales tactics, misrepresentations, or any other unethical behavior by its employees, contractors, or representatives. You acknowledge and agree that any statements, representations, or promises made by a Home Connect employee, contractor, or representative that are inconsistent with this Agreement or Home Connect’s official policies shall not be binding on Home Connect. Home Connect expressly disclaims liability for any unauthorized, fraudulent, or misleading statements made by its employees or representatives that are not expressly set forth in this Agreement or an approved written communication from Home Connect.

If you believe you have been subject to any such misconduct, you must report it in writing to Home Connect’s Misconduct Center at misconduct@homeconnectapp.com within 30 days of the alleged incident. Failure to report such claims within this timeframe shall constitute a waiver of any right to dispute the matter.

Nothing in this section limits your right to seek remedies under applicable law; however, you acknowledge that Home Connect does not assume responsibility for unauthorized acts or misrepresentations by individuals acting outside the scope of their employment or contractual obligations.

9.  SEVERABILITY OF AGREEMENT.

If any provision of this Agreement is found to be invalid, unenforceable, or otherwise void by a court or other binding authority, that provision shall be severed from the Agreement and shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect. The parties expressly agree that any such invalid provision shall be replaced with a valid and enforceable provision that most closely reflects the original intent of the parties, to the maximum extent permitted by applicable law. To the extent permitted by law, you waive any argument that the invalidity of any provision affects the enforceability of the Agreement as a whole. Further, if any limitation, waiver, or disclaimer in this Agreement is held to be unenforceable for any reason, Home Connect shall remain entitled to the broadest limitation, waiver, or disclaimer available under applicable law.

10. FORCE MAJEURE.

Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes occurring without that party's fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, pandemics, epidemics, strikes or other labor problems (other than those involving Home Connect or your employees), computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equivalent to the time lost due to any delay so caused. Your payment obligations and both parties’ confidentiality obligations shall survive any Force Majeure event.

11. REPRESENTATIONS AND WARRANTIES.

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. This Agreement, together with the separately signed Proposal that references it, forms a single, integrated understanding between the parties. Home Connect represents and warrants that it will provide the Home Connect access in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Home Connect access will perform substantially in accordance with its documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Home Connect services, and that your billing information is correct.

12. MUTUAL NON-DISPARAGEMENT.

You agree that you will not, directly or indirectly, disparage Home Connect, its products, services, employees, directors, or the Home Connect platform, in any written or oral statement, whether communicated on the Internet via blog post, tweet, message board or other electronic means or through any other oral or written means or device. Home Connect agrees that it will instruct its Executive Team and employees not to directly or indirectly disparage you or your service to Home Connect, in any written or oral statement, whether communicated on the Internet via blog post, tweet, message board or other electronic means or through any other oral or written means or device. For purposes of this non-disparagement clause, the "Executive Team" consists of: Elijah Rodriguez and Jayden Whitehead.

13. NON-COMPETE.

During the term of this Agreement and for a period of two (2) years following its termination or expiration, You shall not, directly or indirectly, without express written consent from Home Connect: (i) own, set up, control, manage, operate, participate in, engage, affiliate, or be involved in any business or business relationship with, be employed by, or provide any type of service to any business or entity that is a Competing Business (including as principal, sole proprietor, partner, member, employee, independent contractor, consultant, advisor, officer, or director,), (ii) induce or attempt to induce any existing customer, supplier, independent contractor, consultant, vendor, joint venture, investor or other business relation of Home Connect or any of its Affiliates to provide business or services in a manner in which would reduce or cease doing business in whole or in part with Home Connect, or (iii) interfere with any business relationship between Home Connect and any third party (including any customer, supplier, independent contractor, consultant, vendor, joint venture, investor or any other business relationship).

Competing Business. The term “Competing Business” means any business, entity, or individual that engages in, or is planning to engage in, any of the following activities: developing, creating, operating, affiliating, or providing any AI homeowner platform that competes with or replicates the functionality of Home Connect's homeowner platform.

14. NON-SOLICITATION.

During the term of this Agreement and for a period of two (2) years following its termination or expiration (the "Restricted Period"), You shall not, directly or indirectly:

14.1. Solicit, induce, or attempt to solicit or induce any customer, client, or other business partner of Home Connect to terminate, reduce, or alter their business relationship with Home Connect, or to engage in any business that competes with Home Connect;

14.2. Solicit, induce, or attempt to solicit or induce any prospective customer, client, or other business partner of Home Connect, with whom you had contact or learned confidential information about during the term of this Agreement, to refrain from engaging in a business relationship with Home Connect, or to engage in any business that competes with Home Connect;

14.3. Solicit, induce, or attempt to solicit or induce any employee, consultant, independent contractor, or other personnel of Home Connect to leave their employment or engagement with Home Connect, or to work for any Competing Business or any other business that competes with Home Connect;

14.4. Hire or engage any employee, consultant, independent contractor, or other personnel of Home Connect who was employed or engaged by Home Connect during the term of this Agreement, or assist or facilitate any Competing Business or any other business in doing so.

14.5. You acknowledge that the restrictions set forth in this non-solicitation clause are reasonable and necessary to protect Home Connect's legitimate business interests, including its goodwill, confidential information, and investment in its personnel and business relationships. You further acknowledge that any breach of these restrictions would cause irreparable harm to Home Connect, and that monetary damages alone would be inadequate to compensate for such harm. Accordingly, in the event of a breach or threatened breach of this non-solicitation clause, Home Connect shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity.

15. INTELLECTUAL PROPERTY RIGHTS.

Home Connect retains all right, title, and interest in and to the Home Connect homeowner platform and any other technologies, software, or intellectual property developed or owned by Home Connect (collectively, the "Home Connect Technology"), including all intellectual property rights therein, such as copyrights, trademarks, patents, and trade secrets. You acknowledge that Home Connect under this Agreement does not convey any ownership rights in the Home Connect Technology or any underlying technology. Any improvements, modifications, or derivative works of the Home Connect Technology created by Home Connect or you during the term of this Agreement shall be the sole property of Home Connect. You agree to assign and hereby assign to Home Connect all right, title, and interest in and to any such improvements, modifications, or derivative works. If You suggest any features, functionality, or improvements to the Home Connect Technology, Home Connect shall have the right to implement such suggestions without any compensation or obligation to you. Any of your suggestions provided under this Agreement do not create any partnership, joint ownership, or right of attribution. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Home Connect Technology or any part thereof. You acknowledge that the Home Connect Technology is a valuable asset of Home Connect and agree to take all reasonable measures to protect the confidentiality and proprietary nature of the Home Connect Technology.

16. NON-ASSIGNMENT & NON-SUBCONTRACTING.

You shall not assign, transfer, delegate, or subcontract any of its rights or obligations under this Agreement without the prior written consent of Home Connect. You shall not subcontract or delegate the services provided by Home Connect under this Agreement to any third party without prior written consent. Any purported assignment, transfer, delegation, or subcontracting in violation of this provision shall be null and void. No assignment or delegation shall relieve you of any of its obligations hereunder.

17. PROVISIONS FOR CHANGE OF CONTROL AND SALE:

17.1. In the event of a change of control, sale, merger, acquisition, or other transaction resulting in a transfer of the majority of assets or equity of Home Connect, the rights and obligations under this Agreement shall be binding upon the successors and assigns of Home Connect. The term "change of control" refers to any transaction or series of transactions through which an entity or person, or group of entities or persons acting in concert, acquires more than fifty percent (50%) of the voting equity of Home Connect, or otherwise acquires the ability to control the management and policies of Home Connect, whether through ownership, contract, or otherwise.

17.2. Home Connect agrees to notify you in writing of any impending change of control, sale, merger, or acquisition that affects Home Connect at least thirty (30) days prior to the completion of such transaction. This notification shall include details of the transaction sufficient to inform you of the nature and scope of the change.

17.3. In the event of a proposed change of control, sale, merger, or acquisition involving Home Connect, you agree to reasonably cooperate with Home Connect and its representatives in conducting due diligence activities. Such cooperation shall include providing access to relevant documents and information related to this Agreement and your use of the Home Connect platform, subject to appropriate confidentiality protections.

17.4 The parties agree to keep any discussions regarding a potential sale, merger, acquisition, or change of control of Home Connect confidential and to not disclose the existence or terms of such discussions to any third party without the prior written consent of the other party, except as required by law or to their professional advisors under a duty of confidentiality. This confidentiality obligation shall survive the termination of this Agreement.

18. ENTIRE AGREEMENT:

18.1. This Agreement, including all attachments, schedules, exhibits, and any referenced policies, constitutes the entire and exclusive understanding between the parties regarding its subject matter. It supersedes all prior or contemporaneous agreements, representations, warranties, or understandings, whether oral or written, between the parties. You acknowledge that no representations, inducements, promises, or understandings outside of this Agreement shall be binding unless expressly incorporated herein. The specific terms of your engagement, including budget and campaign duration, are outlined in your Proposal, which is referenced in and governed by this Agreement.

18.2. This Agreement may only be modified, amended, or supplemented by a written document explicitly stating such intent and signed by both parties. The terms of the Proposal may be updated or adjusted with mutual agreement, but any changes to the Agreement itself will require formal written amendments. Any waiver of any provision herein is valid only if made in writing and signed by the party against whom enforcement of such waiver is sought. Any verbal or informal modification attempts shall be void and without effect.

18.3. Both parties represent that they have had a full opportunity to review this Agreement, have read and fully understood its terms, and voluntarily accept all conditions stated herein, including those referenced in the Proposal.

18.4. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be severed, and the remainder of the Agreement shall continue in full force and effect. The parties agree to negotiate in good faith to replace any invalid provision with a valid provision that most closely reflects the original intent, ensuring enforceability and alignment with the Agreement’s purpose. Any such changes shall be documented in a formal amendment to this Agreement, as set forth in Section 18.2.

18.5. This Agreement is binding upon, and shall inure to the benefit of, the parties hereto and their respective successors, assigns, heirs, executors, and administrators. You shall not assign, transfer, or delegate any rights or obligations under this Agreement without prior written consent from Home Connect, which may be withheld in its sole discretion. Any unauthorized assignment or delegation shall be null, void, and without effect. This provision applies to both the Agreement itself and the specific terms outlined in the Proposal.

18.6. You agree that you have not relied on any statements, representations, or promises by Home Connect that are not expressly set forth in this Agreement or in the Proposal. This Agreement, along with the specific terms outlined in the Proposal, is for the exclusive benefit of the parties and does not confer any rights or benefits on any third parties, except as explicitly stated.

18.7. You acknowledge that no statements, representations, warranties, or claims, whether made verbally, digitally, or in writing by Home Connect or its representatives, shall be valid or enforceable unless expressly included in this Agreement or the Proposal. This Agreement, along with the specific terms outlined in the Proposal, represents the final and complete expression of the parties' understanding, and any prior or contemporaneous warranties or claims are void and have no legal effect.

18.8. This Agreement is referenced by the Proposal, which is executed by the parties. The Proposal may be executed in counterparts, each of which shall be deemed an original, collectively constituting one and the same instrument. Signatures delivered by facsimile, email, or other electronic means, including digital or electronic signatures, are fully binding for all purposes under the Proposal and this Agreement, and shall be considered equivalent to original signatures.

18.9. By signing the Proposal, you acknowledge that you have had the opportunity to review and understand the Home Connect Service Agreement, which is publicly accessible and referenced within the Proposal. Any updates or changes to the terms of this Agreement will be made available online and will apply to any subsequent Proposals, unless otherwise agreed in writing. The Agreement, including the terms referenced in the Proposal, constitutes the complete understanding between the parties and supersedes any prior agreements.

18.10. By signing your Proposal or submitting your payment, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions outlined in this Agreement, as well as any referenced documents. If you do not agree to these terms, do not sign the Proposal, submit payment, or access the Home Connect platform. This Agreement, together with the Proposal, represents the entire and complete understanding between the parties, and supersedes any prior agreements, representations, or negotiations.

END OF THE HOME® CONNECT SERVICE AGREMENT