Terms and Conditions of Service

Please note that these Terms and Conditions of Service were last revised on January 1st, 2025.

General

hōm websites (“Websites”), mobile applications (“Apps”), and related services (together with the Websites and Apps, the “Service”) are operated by Hom Technologies, Inc. (“hōm,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. hōm may amend, update, or change these Terms and Conditions. If we do this, we will post a notice to www.goodhom.com/terms that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the top of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access, or participate in the Service.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS BELOW UNDER “Dispute Resolution & Arbitration”.

Description of Website and Service

The Service allows users to access and use a variety of home maintenance services. hōm may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.

Acceptable Use of the Services

You (“User”) are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.

The Service is provided for your personal and non-commercial use. Any other use of the Service requires the prior written consent of hōm. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Service or any other user's use of the Service, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Service, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Service. You may not frame portions of the Service within another website or application. You may not resell use of, or access to, the Service to any third party without our prior written consent.

Additional Terms

Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.

Additional Terms for Service Professionals

Some of our Services may also be directed towards professional users. A professional user means user who uses, or is registered to use, the Service to offer, provide, receive payment for, or facilitate the provision of professional services that assist with home maintenance & improvement (“Professional Services”). In this Agreement, we will refer to you, the member Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "Professional”.

By registering or using the Service to offer, post, or provide Professional Services, Professionals represent and warrant that they, and the employees, agents, suppliers contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Professional Services and in relation to the specific job they are performing. Professionals otherwise agree to comply with all applicable laws, including the California Consumer Privacy Act, any other applicable privacy laws, and the Telephone Consumer Protection Act, in their use of the Service and any personal information obtained from the Service.

We do not sell or otherwise provide Professional Services. We may directly provide home project consultations and related on-Platform services to users, but any Professional Services solicited as a result of any such consultations or on-Platform services are provided by an independent Professional without any representation or warranty from us other than as expressly provided for herein. We may also facilitate Professional Service transactions, which facilitation may include displaying a list of Professionals profiles, allowing users and Professionals to send messages to each other, allowing for the booking of an appointment for the provision of Professional Services, assisting in the selection of a Professional for certain users, and processing payment for certain Professional Services. Users understand that any such facilitation does not constitute a warranty in relation to the Professional Services. Professionals understand and agree that using the Service does not guarantee that anyone will engage them for Professional Services. Users understand that any Professional Services they solicit and/or pay for using the Service are solicited directly from the Professional providing such Professional Services.

Professionals understand and agree that they are customers of hōm, and are not hōm employees, contractors, consultants, joint venturers, partners, or agents. Professionals acknowledge that they provide their own equipment, select their own jobs, develop their own expertise, are free to do jobs through other platforms and lead sources, and determine their own work schedule. hōm does not control, and has no right to control, the services a Professional provides (including the details of how the Professional provides such services) if the Professional is engaged by a user or any other person, except as specifically noted herein or on the Service.

We may, as permitted by applicable laws, obtain reports regarding Professionals, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Professional’s account based on the results of such a report, without or without notice. As a Professional, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from hōm’s vendors. Professionals agree to inform us of any material criminal convictions that occur after any such reports are run.

Registration

In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by hōm; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to hōm, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

Email Communication Consent

By providing your email address to hōm, you expressly agree to receive promotional and marketing emails from us. hōm is committed to respecting your privacy and ensuring the security of your personal information. You may opt out of receiving these communications at any time by following the unsubscribe link provided in our emails or by contacting us directly at support@goodhom.com.

SMS Messaging and Phone Calls

Certain portions of the Service may allow us to contact you via telephone or text messages. You agree that hōm may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Service, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any Service. You also understand that you may opt out of receiving text messages from us at any time, either by texting the word “STOP” using the mobile device that is receiving the messages, or by contacting support@goodhom.com.

Your Representations and Warranties

You represent and warrant to hōm that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules, and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including Activity Materials and Content) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.

You represent and warrant that you are not: (1) organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target of comprehensive U.S. economic or trade sanctions (i.e., an embargo); (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons; or (3) otherwise the target of U.S. sanctions.

Submission of Content

As a condition of submitting any ratings, reviews, information, data, text, photographs, audio content, audiovisual content, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other materials on the Service (collectively, “Content”), you hereby grant to hōm a full-paid, royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from the Content; incorporate the Content into other works; and sublicense through multiple tiers the Content. You acknowledge that this license cannot be terminated by you once your Content is submitted to the Service. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, hōm, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or hōm have any obligation to you or anyone else to maintain the confidentiality of the Content.

You will not upload, display, or otherwise provide on or through the Service any Content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); or (ii) in hōm’s sole judgment, is objectionable, restricts or inhibits any other person from using the Service, or may expose hōm or its users to any harm or liability of any kind.

Indemnification of hōm

You agree to defend, indemnify and hold harmless hōm and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.

License to Apps

Subject to the terms of these Terms and Conditions, hōm grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. hōm and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto.

You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or will be available in, or that orders for Offerings can be placed from, any particular geographic location. As part of the Offerings, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Service or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from the hōm. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from the hōm

From time to time, we may, in our sole and subjective discretion, include certain test or beta features or products in the Service (“Beta Offerings”) as we may designate from time to time. Your use of any Beta Offering is completely voluntary. The Beta Offerings are provided on an “as is” basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Offering is at your sole risk. You agree that once you use a Beta Offering, your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Offering back to the prior non-beta version. If we provide you any Beta Offerings on a closed beta or confidential basis, we will notify you of such as part of your use of the Beta Offerings. For any such confidential Beta Offerings, you agree to not disclose, divulge, display, or otherwise make available any of the Beta Offerings without our prior written consent.

The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and hōm, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and hōm acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and hōm acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, hōm, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App. You and hōm acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

In-App Purchases

Automatic Renewal

If you purchase an auto-renewing periodic subscription through the Service, your hōm account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your hōm account and follow instructions to terminate or change your subscription, even if you have deleted your account.

Fees and Taxes

You agree to pay all fees and applicable taxes incurred by you or anyone using a hōm account registered to you. hōm may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Fees for Professionals

In connection with the use of the Service, we may charge Fees to Professionals.

Professionals can pay Fees to hōm in order to receive certain services on the Services, including but not limited to receiving contacts or bookings from Users or other individuals. As a Professional, hōm will automatically charge your stored payment method when those users or other individuals contact you or make a booking with you concerning a Professional Service. In order to use hōm, you must have at least one valid payment method stored on file and the storage of such payment method is subject to our Stored Payment Terms and Conditions.

For ordinary charges from Service Professionals, hōm will first attempt to charge the default payment method. In the event that hōm is unable to charge that payment method for any reason--including but not limited to exceeding a payment method’s credit limit, payment method cancellation, a payment method being out of date, or payment method details being incorrect--you agree that hōm may charge any other payment method associated with your account and take any other action to collect payment from you. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the Professional Services. If hōm is unable to charge the default payment method, hōm may attempt to charge any other payment methods associated with your account in any order.

hōm may also charge penalty Fees for cancellation, fraud, misconduct, late payment or other violations of these Terms, as determined in our sole discretion.

You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active account. Charges will be made to the payment method designated at the time you accrue a Fee. If you do not pay on time or if hōm cannot charge a payment method for any reason, hōm reserves all rights permissible under law to recover payment plus all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. If any Fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your account.

You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information current, including but not limited to your email address and phone number. Such communication may be made by hōm or by anyone on our behalf, including but not limited to a third-party collection agent. If you cancel your account at any time, you will not receive any refund. If you have a balance due on your account, you agree that hōm may charge such unpaid Fees to any payment method or otherwise bill you for such unpaid Fees.

Payments required by these Terms may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, facilitation of or use of the Pro Services, and you will be responsible for and bear Taxes associated with the purchase of, payment for, access to, or use of the Professional Services. Charges are inclusive of applicable Taxes where required by law. You hereby confirm that hōm can determine your appropriate jurisdiction for tax purposes however it deems appropriate or as required by law, and you agree to pay taxes to us when we include a charge for taxes on any invoice. You also understand and agree that you are solely responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers, and that we cannot and do not offer specific tax advice to either Professionals or Users.

Payment Processors

All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will hōm be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

Refund Policy

All payments are nonrefundable. There are no refunds or credits for partially used membership periods. However, hōm may grant refunds or credits on a case-by-case basis at our sole discretion. hōm’s grant of a refund or credit in one instance does not obligate hōm to provide a refund or credit in the future, under any circumstances. If you cancel your periodic subscription to a paid hōm service, you will continue to have access to the service through the end of your current billing period.

Third-Party Links, Sites, and Services

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by hōm. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from hōm, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that hōm shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by hōm on the Service are subject to change. In consideration for hōm granting you access to and use of the Service, you agree that hōm and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.

NO REPRESENTATIONS OR WARRANTIES BY HŌM

THE SERVICE, INCLUDING ALL TEXT, IMAGES, VIDEO FILES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY HŌM ARE PROVIDED TO YOU ON AN “AS IS” BASIS. HŌM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HŌM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HŌM BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF HŌM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HŌM’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HŌM FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

You understand and agree that we have set our prices and entered into these Terms and Conditions with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocate risk between us and form the basis of a bargain between the parties.

Termination

hōm may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your hōm account at any time by following the instructions available through the Service or contacting support@goodhom.com. All sections of these Terms and Conditions shall survive any termination.

Proprietary Rights in Service Content and Activity Materials

All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (“Service Content”), are the proprietary property of hōm or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain Service Content. As between you and hōm, all data, information, and materials generated from your access and use of the activities made available on or through the Service, including audio, text, and image content generated by you (“Activity Materials”), shall be exclusively owned by hōm, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to hōm any and all rights, title, and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of hōm or its licensors that are not expressly granted in these Terms and Conditions are reserved to hōm and its licensors.

Trademarks

“hōm” and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or service marks of hōm or their respective owners, and certain of them are registered with the United States Patent and Trademark Office or other trademark authorities. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the hōm name or any hōm or third-party trademarks, service marks, graphics, or logos.

Privacy

Use of the Service is also governed by our Privacy Policy, a copy of which is located at www.goodhom.com/privacy. By using the Service, you consent to the terms of the Privacy Policy.

Promotion Code Terms

hōm may offer codes that can be redeemed for certain Services (“Promotion Codes”). Unless otherwise advertised, Promotion Codes are subject to the following terms, in addition to all other Terms and Conditions. By using or redeeming a Promotion Code, you accept and agree to all applicable terms.

Code Providers

In some cases, you may receive your Promotion Code from an authorized third party (“Code Provider”).

Your Code Provider may set additional limitations on your eligibility for the Promotion Code and may terminate your use of the Promotion Code. For example, if you obtained a prepaid subscription to hōm by redeeming a Promotion Code provided by your landlord, your landlord may terminate your prepaid subscription if your lease agreement is terminated. If your Code Provider terminates your use of the Promotion Code, you will retain control of your hōm account and data, and may subscribe to hōm on your own.

If you redeem a Promotion Code from a Code Provider, you understand and agree that hōm may share data relating to your use of the Promotion Code with your Code Provider, including both anonymized, aggregate data, and individual usage data.

Types of Promotion Codes

hōm may offer the following types of Promotion Codes:

Promotion Codes for an extended free trial of a hōm subscription plan (“Extended Free Trial Code”). Existing hōm subscribers are not eligible to redeem Extended Free Trial Codes. Furthermore, you may redeem only one Extended Free Trial Code per calendar year.
Promotion Codes for a prepaid subscription to a hōm subscription plan (“Prepaid Code”). Existing hōm subscribers are not eligible to redeem Prepaid Codes.

Automatic Renewal Terms for Extended Free Trial Codes

To redeem an Extended Free Trial Code, you will be required to select a subscription plan for after your extended free trial and submit valid payment details that are accepted by hōm.

If you redeem an Extended Free Trial Code, unless you cancel at least 24 hours before your extended free trial ends, you will automatically become a recurring subscriber to the subscription plan you selected after your extended free trial ends. The payment method you provided will then automatically be charged for the subscription price you selected. If you cancel during your extended free trial, you will lose access to the subscription service at the end of the free trial.

Terms Applicable to All Promotion Codes

Promotion Codes have no dollar value, and may not be redeemed for cash or a refund on an existing subscription or past purchase.

You may redeem each Promotion Code only once.

Some Promotion Codes may be subject to expiration dates or an overall limit of allowed redemptions.

hōm may modify, suspend, or terminate a Promotion Code at any time for any reason.

Reselling or transferring Promotion Codes is strictly prohibited. Any Promotion Codes that have been resold or transferred are null and void.

If any Promotion Code is redeemed or used in violation of this Section or other applicable terms, hōm may invalidate that Promotion Code and terminate any Services obtained from that Promotion Code, without refund or exchange of any kind. Furthermore, if hōm determines that a user has abusively violated any applicable terms, hōm may ban that user from redeeming or using Promotion Codes.

Notice for Claims of Copyright Violations and Agent for Notice

If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to hōm pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:

an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). hōm’s Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: 767 Broadway #1246, New York, NY 10003, USA

By email: support@goodhom.com

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the judicial district in which you reside, or if you reside outside of the United States, then of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Governing Law

These Terms and Conditions shall be governed by and construed under the laws of the State of New York, United States of America, excluding any conflict of laws provisions, regardless of your country of origin or where you access the Service.

Choice of Forum

Subject to “Dispute Resolution & Arbitration”, all judicial proceedings relating to or arising out of these Terms and Conditions or the Service shall be brought in the state or federal courts sitting in New York, New York. Both parties hereby consent to the personal jurisdiction of the state and federal courts sitting in New York, New York and waive any objections to venue in those courts.

Dispute Resolution & Arbitration

ANY DISPUTE OR CLAIM RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE AND SEEKING MONETARY RELIEF SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS ACCORDING TO THIS SECTION.

Prior to initiating any arbitration, the party seeking arbitration (“Claimant”) must first send a written Notice of Claim to the other party (“Respondent”) by email or USPS Certified Mail. This Notice must contain the Claimant’s name, address, and contact information; the identity of counsel (if any); the nature and basis of the claim; and the specific relief sought. Within thirty (30) days of receipt of the Notice, the parties shall engage in at least one good-faith settlement conference by telephone or video conference. An individual party must be personally present at this settlement conference, and an entity party must be present at this settlement conference through an employee with settlement authority, though both parties may bring counsel as well. Arbitration shall be initiated only if no settlement can be reached at this settlement conference.

The arbitration shall be conducted by a single arbitrator and administered by the American Arbitration Association (“AAA”) according to its rules & procedures (“AAA Rules”), including but not limited to Consumer Arbitration Rules, Procedures for the Resolution of Disputes Through Document Submission, Consumer Fee Schedule, and Supplementary Rules for Multiple Case Filings, and the provisions of this section. Where they conflict, the provisions of this section shall take precedence over any AAA Rules. If the AAA is unavailable to conduct an arbitration, the parties shall arbitrate through another mutually agreed upon organization or on an ad hoc basis according to the rules in this section. The arbitration shall be conducted in the English language.

If a claim is within the jurisdiction of a small claims court, either party may choose to have the case heard in the small claims court on an individual basis, instead of arbitration.

If twenty-five (25) or more similar Demands for Arbitration are filed against or on behalf of the same party or related parties, and if representation of the parties is consistent or coordinated across the cases, then the AAA’s Supplementary Rules for Multiple Case Filings shall apply. Counsel filing twenty-five (25) or more similar Demands for Arbitration against hōm must comply with the AAA’s Filing Requirements for Multiple Case Filings. There shall be no class or collective arbitration, or joinder of claims, except as provided for in the AAA’s Supplementary Rules for Multiple Case Filings.

If you do not want to arbitrate disputes with hōm and you are an individual, you may opt out of this arbitration agreement by sending an email to support@goodhom.com within 30 days of the day you first access or use the Service.

Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.

Notwithstanding the above, either party may apply for and obtain non-monetary, injunctive remedies or urgent relief in court without engaging in any arbitration or informal dispute resolution process.

Language

This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

California Resident

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Accessibility & Questions

If you are having any trouble accessing these Terms of Service or the Service, or should you have any questions regarding these Terms of Service, please contact us at support@goodhom.com.

Miscellaneous

These Terms and Conditions constitute the entire agreement between hōm and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by hōm or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. hōm may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of hōm and you, and hōm's and your respective successors and permitted assigns.