Our general, universal Terms of Service (to which you agree) is provided below and is accessible from within all Homebot products and services.
Last Updated: October 2019
Our general, universal Terms of Service (to which you agree) are provided below and are accessible at all times from within all Homebot products and services and at our website at https://homebot.ai/terms-of-service.
If you have been supplied a hyperlink or have received user credentials enabling you to access our software-as-a-service platform, and you have used the hyperlink or those credentials to access our platform, you are deemed a “User” and subject to these Terms of Service.
As a User, you are certify to us that: (a) you are at least 18 years of age, (b) you are legally able to enter into contracts, and (c) you are not a person barred from receiving or using the Services under federal, state, local, or other laws.
In the event you are not a User and access and use the Homebot Site for informational purposes without accessing the Services, these Terms of Service shall apply to such access and use of the Homebot Site to the extent applicable.
These Terms of Service apply to non-paying Users that access the Service and each paying User that subscribes to the Service directly (each an “Individual User”), as well as each User who is provided access to the Service as part of an agreement between the User’s employer or an entity with which such User is affiliated (an “Enterprise”) and Homebot. Users with access to the Service as part of an agreement with an Enterprise are referred to as an “Enterprise User” in these Terms of Service. Homebot’s agreement with an Enterprise may be called a Master Customer Agreement or Enterprise Customer Agreement or similar title (each an “Enterprise Agreement”). If you are an Enterprise User, you may have received a separate copy of these Terms of Service or the Enterprise Agreement from the Enterprise. These Terms of Service constitute an agreement between each User and Homebot. In the event of any conflict or inconsistency between these Terms of Service and an Enterprise Agreement, the terms of the Enterprise Agreement shall govern. Certain Enterprise Users may elect to access features offered as part of the Service which are not available under the applicable Enterprise Agreement. In those cases, we consider such User an Enterprise User with respect to the Service made available under the applicable Enterprise Agreement and an Individual User for those additional features provided to such User independently of such Enterprise Agreement.
As used in these Terms of Service, “Homebot,” “we,” “our,” or “us” in these Terms of Service refers to Homebot, Inc. and the “Service” refers to those products and services comprising the software-as-a-service platform made available by us to you for use via a web browser on your desktop or mobile device.
You agree that by clicking “Join Now”, “Join Homebot”, “Sign Up” or taking similar action to register, access or use our Service, or if you have clicked to accept these Terms of Service, you are agreeing to enter into a legally binding contract with Homebot (even if you are using our Service as an Enterprise User). If you do not agree to this contract, do not click “Join Now” or “Accept” or otherwise take action signifying your intention to use the Service or your agreement to these Terms of Service, and do not access or otherwise use our Service.
We may modify these Terms of Service from time to time. If we make material changes to them, we will provide you notice and we may require you to accept the modified Terms of Service as a condition to your continued use of the Service. Your continued use of our Service after we publish or send a notice about changes to these Terms of Service means that you have consented to the updated terms.
Homebot reserves the right to make changes, modifications and enhancements to the Service from time to time in its sole discretion.
User shall not, and shall not assist or encourage any third party to, (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) interfere with or disrupt the integrity or performance of the Service or the Homebot Content in any manner; (iii) attempt to gain unauthorized access to the Service; (iv) remove, alter, or obscure any proprietary notices (including copyright notices) of Homebot or its licensors contained within the Documentation or displayed in connection with the Service (including Software); (v) modify or make derivative works based upon the Service or the Homebot Content; (vi) except as may be expressly permitted as a part of the Service, create Internet “links” to the Service or “frame” or “mirror” any Homebot Content on any other server or wireless or Internet-based device, unless otherwise mutually agreed in writing by the parties; (vii) itself, or permit others, to duplicate, copy, translate, disassemble, decompile, reverse engineer or remanufacture the Software in whole or in part or otherwise attempt to derive the source code for the Software; (viii) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service; or (ix) otherwise use the Service or the Software except as expressly allowed under these Terms of Service.
User may not release to any third party the results of the Service performed by or on behalf of User for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes without the prior written approval of Homebot.
User shall not use the Service to: (i) send spam or duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights; or (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
Users may not create a false identity on Homebot (other than for the limited purpose of providing training to others or demonstrating how to use our Service), misrepresent such User’s identity, create a Homebot profile for anyone else or use or attempt to use another’s account, override any security feature or bypass or circumvent any access controls or use limits of the Service, or use bots or other automated methods to access the Service. User may not imply or state that such User is affiliated with or endorsed by Homebot without Homebot’s express consent.
User must (i) use the Service only for its own business purposes as specified in these Terms of Service, (b) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements, (c) provide accurate information to Homebot pertaining to such User and keep such information updated, or (d) use the Service in a professional manner.
By using the Service, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Homebot generally does not review User Data or other content provided by Users or others, and Homebot is not responsible therefor, nor for any misuse of our Service by others.
You are responsible for deciding if you want to access or use any third-party apps or sites that link from the Service. If you allow a third-party app or site to authenticate you or connect with your Homebot account, that app or site can access information on Homebot related to you and your connections. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways Homebot would not. Except to the limited extent it may be required by applicable law, Homebot is not responsible for these other sites and apps – use these at your own risk.
Third Party Products made available or distributed under these Terms of Service may be subject to additional terms and conditions that vary from those set forth herein and such terms and conditions are hereby incorporated into these Terms of Service by reference to the extent expressly identified.
As part of the Service and subject to these Terms of Service and any applicable Enterprise Agreement, Homebot will use commercially reasonable efforts to (a) ensure that the Service is accessible over normal network connections, excepting downtime (planned or unplanned) due to necessary maintenance and troubleshooting; (b) maintain the security of the Service; and (c) provide telephone, e-mail and web-based support services during Homebot’s regular business hours for Service-related questions from Users.
The Service allows certain messaging and sharing of information by Users which may be seen by other Users. Where settings are available, Homebot will honor the choices Users make about who can see content or information, including User Data. Homebot is not obligated to publish any information or content on the Service, including any User Data, and may remove it in Homebot’s sole discretion, with or without notice.
User shall be solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of User Data provided by User to Homebot. User warrants that it shall have the right to possess and use all User Data, including the right to disclose User Data to Homebot and use User Data in connection with the Service. To the extent relating to any Enterprise, Homeowner or Renter, User represents and warrants that: (a) User has received all required consents or authorizations with respect to User Data referencing any individual before accessing, storing, or transferring to Homebot such User Data; (b) User shall use, store, and transfer all User Data in accordance with all laws applicable to User or User’s business (which may include, but is not limited to, the Gramm-Leach-Bliley Act of 1999 (Public Law 106-102, 113 Stat. 1338) (as amended from time to time, the “GLB Act”) and any state law equivalents of counterparts thereof and all regulations promulgated under any of them), and any terms or conditions imposed by any third party with respect to any Third Party Products.
User may not disclose information that such User does not have the right to disclose, including the information of any third party, including any Enterprise, or violate the Intellectual Property Rights of others.
As between a User and Homebot, each User owns its User Data and any other content and information that such User submits or posts to the Service, subject to the following limited non-exclusive license granted by Users to Homebot:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, solely in connection with the Service and without any further consent, notice and/or compensation to any User or others, any User Data and other information and content provided by Users subject to the following limitations:
a. Users can end this license for specific User Data, information and content by deleting it from the Service, or generally by closing their account, except (a) to the extent shared with others as part of the Service and copied, re-shared or stored by those with whom it was shared and (b) for the reasonable time it takes to remove from backup and other systems.
b. Homebot will obtain User’s consent if Homebot wants to give others the right to publish such User’s content in any manner inconsistent with or outside the scope of the Service.
c. While Homebot may edit and make format changes to a User’s content (such as translating it, modifying the size, layout or file type or removing metadata) in connection with the Service, Homebot will not modify the meaning of such User’s expression.
Enterprise Users acknowledge and agree that the Enterprise with which you are employed or affiliated has the right to control your access to the Service and to receive reports on your use of the Service. In the event of any dispute between an Enterprise (or any person acting on behalf of any Enterprise) and an Enterprise User employed by or affiliated with such Enterprise regarding rights to User Data concerning any Homeowner or Renter, Homebot shall not be responsible for the resolution thereof, and Homebot shall be entitled to follow all reasonable instructions of the Enterprise with respect thereto.
Homeowners and Renters acknowledge that Homebot’s stated purpose is to increase business opportunities for real estate agents and loan officers by helping their respective clients increase the value of their investment in real estate. As a result, Homeowners and Renters understand and agree that foregoing limited non-exclusive license grants Homebot the right to share User Data relating to such Homeowner or Renter with other Users in connection with the Service, subject to the same limitations set forth above.
You acknowledge and agree that Homebot may close, suspend, investigate, monitor, or limit your access to the Homebot Site, Services, your account or any other account associated with the Homebot Site or Services, without prior notice to you. You acknowledge and understand that you do not have an expectation of privacy in activities related to the Homebot Site or Services.
Certain areas of the Homebot Site and access to certain Services are password protected. You are responsible for maintaining the confidentiality of your passwords. Homebot has the right to assume that anyone accessing the Homebot Site and Services using a password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing the Homebot Site and Services using a password assigned to you, even if the individual is not, in fact, authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it using the functionality provided on the Homebot Site or Services.
All payment obligations are non-cancelable and all amounts paid are nonrefundable.
Individual Users: Each Individual User shall be solely responsible for all sales and use taxes, network access fees, and regulatory and similar charges applicable to the Service. Homebot may require automatic payments by credit card or automated clearing house (ACH). All payments must be made in U.S. dollars.
Enterprise Users: Payment for all sales and use taxes, network access fees, and regulatory and similar charges applicable to the Service shall be governed by the applicable Enterprise Agreement.
In addition to any other rights granted to Homebot under applicable law and/or this Agreement, Homebot reserves the right to suspend any User’s access to the Service if the account with respect to such User becomes delinquent and is uncured for a period of thirty (30) days. Delinquent invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum amount permitted by law, whichever is less, from the date due, plus all expenses of collection. All fees with respect to the Service shall continue to accrue during any period User’s access to the Service is suspended.
Any User may terminate this contract at any time by closing your account and no longer accessing or using our Service. An Enterprise may terminate access to the Service with respect to any Enterprise User employed by or affiliated with such Enterprise.
Upon termination or expiration of this Agreement for any reason, all rights to the Service granted by Homebot to User hereunder will immediately cease to exist and User shall discontinue all use of the Service. Accrued payment obligations will survive expiration or termination of this Agreement for any reason. Any amounts paid prior to a termination by any Individual User are nonrefundable, even if such amount constituted pre-payment for a specified term and such termination occurs prior to expiration of such term.
Homebot owns all rights, title, and interest in and to the Service, Software, Homebot Content, Documentation, including any improvements, modifications, enhancements, additions, and derivatives thereto and thereof and any and all Intellectual Property Rights in and to all of the foregoing, subject only to the rights of any third party in and to any Third Party Products or content owned by such third party. User does not acquire any rights, express or implied, in the foregoing.
TO THE EXTENT ALLOWED UNDER LAW, HOMEBOT AND ITS AFFILIATES (AND THOSE THAT HOMEBOT WORKS WITH TO PROVIDE THE SERVICE) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING HOMEBOT CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
HOMEBOT DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED HOMEBOT SPOKESPERSONS. HOMEBOT DOES NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENT, ADVICE OR OPINIONS CONTAINED IN USER CONTRIBUTIONS AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF HOMEBOT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
IN NO EVENT SHALL HOMEBOT BE LIABLE TO ANY USER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (EVEN IF PREVIOUSLY APPRISED OF THE POSSIBILITY THEREOF), WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTORY OR ANY OTHER LEGAL THEORY OR FOR ANY ERROR OR INTERRUPTION OF USE; LOSS, INACCURACY, OR CORRUPTION OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS OF SERVICE, THE AMOUNT OF HOMEBOT’S LIABILITY TO USERS OR OTHERS ACCESSING THE HOMEBOT SITE SHALL IN NO CASE EXCEED THE GREATER OF FEES ACTUALLY PAID BY USER TO HOMEBOT HEREUNDER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE ACT OR OCCURRENCE OF CIRCUMSTANCES GIVING RISE TO THE LIABILITY OR THE AMOUNT OF $200.
FOR THE SAKE OF CLARITY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, HOMEBOT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS, EXPENSES, DAMAGES, OR LIABILITIES, AND USER SHALL BEAR ALL RESPONSIBILITY WITH RESPECT TO ANY DAMAGES OR LIABILITIES (INCLUDING THIRD PARTY CLAIMS) CAUSED BY OR ARISING FROM: (A) ANY VIOLATION BY USER OF ANY APPLICABLE LAW ASSOCIATED WITH USER DATA; (B) THE ACTION OR INACTION OF USER (UNLESS AT THE SPECIFIC DIRECTION OF HOMEBOT); OR (C) USER’S FAILURE TO FULFILL ITS RESPONSIBILITIES HEREUNDER.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.
IF YOU ARE ACCESSING THE HOMEBOT SITE OR SERVICES FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE HOMEBOT SITE OR SERVICES; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE HOMEBOT SITE OR SERVICES; (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE HOMEBOT AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE HOMEBOT SITE OR SERVICES; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST HOMEBOT FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF HOMEBOT AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Homebot with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
DMCA claims may be sent to address set forth in the Notice section in these Terms of Service.
Or, please email us at firstname.lastname@example.org.
Compliance with Laws.
Each party shall comply with all applicable laws and regulations concerning its use or provision of the Service, including all applicable privacy laws.
User may not assign or transfer, by operation of law or otherwise, any of its rights under the agreement created by these Terms of Service to any third party without Homebot’s prior written consent. Homebot shall have the right to assign the agreement created by these Terms of Service to any other person, firm or corporation without notice to User and shall have the right to subcontract any installation and/or services, including monitoring, in its sole discretion.
User agrees that Homebot may provide notices and messages to User within the Service, or sent to the contact information User has provided to Homebot (e.g., email, mobile number, physical address).
You agree that the only way to provide us legal notice is through our registered agent or at the mailing address available on our website.
Governing Law and Venue.
These Terms of Service will be governed by and interpreted in accordance with the laws of the State of Colorado without reference to its choice of law rules. Any action or proceeding arising from or relating to these Terms of Service shall be brought exclusively in a federal or state court in Denver, Colorado, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.
These Terms of Service constitute the entire agreement between you and Homebot regarding your access to and use of the Service and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral. For Enterprise Users, in the event of any conflict or inconsistency between these Terms of Service and an Enterprise Agreement, the terms of the Enterprise Agreement shall govern.
If a court with authority over the agreement created by these Terms of Service finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of the agreement.
If we don't act to enforce a breach of the agreement created by these Terms of Service, that does not mean that Homebot has waived its right to enforce the agreement.
In addition to those capitalized terms defined elsewhere in these Terms of Service:
“Documentation” means any user manuals and other technical documentation made available by Homebot to Users for the Service in either electronic, online help files or hard copy format.
"Homebot Content" means (a) text, content, documents, audio, video, images, graphical representations, designs, illustrations, artwork, videos, music, and the organization, compilation and general look and feel associated with the Homebot Site, (b) the Documentation, Software and any other products and services contained in or made available by Homebot via the Service, and (c) any of Homebot’s Intellectual Property used in connection with the Service.
“Homebot Site” means the websites owned and operated by Homebot, including, without limitation, websites located at a unique URL where Users may access and use the Service and https://homebot.ai.
“Homeowner” means an individual who owns a home, typically a residential property or rental investment property.
“Intellectual Property” means: (a) patents, inventions, and discoveries; (b) trademarks, service marks, domain names, social media user names, trade dress, and trade names, including the goodwill connected with the use thereof and symbolized thereby; (c) copyrights, moral rights, works of authorship (including software), proprietary designs and rights in data and databases; (d) confidential and proprietary information, including trade secrets and invention rights; (e) rights of privacy and publicity; (f) registrations and applications for any of the foregoing in (a) – (e); and (g) all other proprietary rights.
“Intellectual Property Rights” means all past, present, and future rights of the following types, which may exist or be created under the laws of any jurisdiction in the world: (a) rights associated with works of authorship, including exclusive exploitation rights, copyrights, moral rights, and mask work rights; (b) trademark and trade name rights and similar rights; (c) trade secret rights; (d) patent and industrial property rights; (e) other proprietary rights in the Intellectual Property of every kind and nature; and (f) rights in or relating to registrations, renewals, extensions, combinations, divisions, and reissues of, and applicable for, any of the rights referred to in a clauses (a) through (e) of this definition.
“Renter” means an individual who rents a residential property from another individual and who does not own the home they rent.
“Software” means the software application hosted by Homebot that provides Homebot Content and enables the Service, together with and including all updates, upgrades, enhancements and error corrections made generally available by Homebot in its sole discretion.
“Third Party Products” means any software (in source code or object code format), including without limitation, “open source” software, or other materials of a third party supplier or licensor, that is licensed to Homebot and incorporated or integrated into or delivered with the Service.
“User Data” means any data, information or material pertaining to an Enterprise, Users, Homeowners, Renters, or any third party, disclosed, provided or submitted to Homebot in connection with the Service.