Terms of Service (TOS)
Updated: January 30, 2025
TOS Summary (TL;DR)
1. Acceptance of Terms
By accessing or using the services provided by Homazzy, Inc. ("we," "us," or "our"), you (the "user") agree to comply with and be bound by these Terms of Service ("Terms"), including any changes made to these Terms.
If we make any changes to these Terms, we will notify you by posting the updated Terms on our website. Continued use of the service after any such changes constitutes your consent to such changes. If you do not agree with the updated Terms, you should discontinue using our services.
2. Electronic Communications
By using our services, you consent to receive electronic communications from us. These communications may include:
- Account notifications and updates
- Agreements, notices, and disclosures
- Other information regarding your account or services
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Services Provided
We offer a property maintenance and service automation application that simplifies property management for both residential (homeowners) and commercial property owners (collectively referred to as "property owners" in this policy). Our application streamlines record-keeping for service professionals, including plumbers, electricians, and HVAC technicians and property owners. It automates service records, sends notifications, and integrates real estate data.
Property Owners:
- Search for, find, and add service professionals who have worked on their property, as well as discover new service professionals in the area.
- Store and organize service records, including work details, notes, documents, and images for both professional service records and records for DIY work.
- Receive notifications about their property and related services and offerings.
- Access exclusive promotions and service deals from service professionals.
Service Professionals:
- Be listed in Homazzy’s application, making it easier for property owners to find and contact them for services.
- Receive notifications when properties they service undergo ownership changes.
- Automate service record submissions to keep customers informed of completed work.
- Manage and promote exclusive service deals to property owners.
Real Estate Agents:
- May introduce Homazzy as a closing gift or supporting disclosure tool but not as a substitute for legally required disclosures.
- Are not responsible for verifying property records, service history, or third-party data in Homazzy. Property condition questions must be addressed through formal real estate disclosure processes.
- Buyers and sellers should verify all property details through inspections, title searches, and legal disclosures.
Additional Services:
- We may provide anonymized reports to other service professionals, such as home warranty companies and home inspectors, to enhance their work related to specific properties. Our services are supported by public and third-party property data sources, ensuring robust management of service professional information and real estate data.
4. Responsibilities of Users
All users have specific responsibilities to ensure the accuracy and reliability of the information provided:
Property Owners:
- Ensure the accuracy of self-reported service records and details of DIY projects to maintain a reliable service history.
- Understand that service records provided by service professionals and prior owners and public real estate data may contain inaccuracies that are beyond our control, and verify information when necessary.
Home Service Professionals:
- Provide accurate service records and property details to facilitate proper record keeping and communication with property owners.
- Understand that notifications and alerts depend on third-party real estate and property data, which may not always be up-to-date or accurate.
Real Estate Agents:
- Offer Homazzy as a tool to assist clients, but do not rely on it as a warranty or guarantee of property condition.
5. Data Accuracy and Frequency
We strive to provide accurate and reliable service records and property information, but the accuracy of data within our application depends on multiple external sources. Users should be aware of potential delays, inaccuracies, or incomplete information due to variations in data reporting. Data a ccuracy is categorized as follows:
Service Records:
- Service Professional Submissions: We cannot independently verify service records provided by service professionals; accuracy relies on the information provided by them and inaccuracies should be addressed directly with the service professional.
- Property Owner Submissions: Property owners can manually enter service history and DIY projects. The completeness and accuracy of self-reported records are solely the responsibility of the submitting property owner.
- AI-Assisted Record Generation: Our application uses Artificial Intelligence (AI) to analyze uploaded documents and images during and assists with categorization and contextualization of service records during generation. While AI enhances record generation efficiency, it may misinterpret content and generate inaccurate records. Users should always review their generated records for accuracy before finalizing them.
Property Records:
- Public Property Data Sources: We rely on third-party data providers, such as municipal property records, real estate transaction databases, and tax assessor reports. These records may have delays, inconsistencies, or missing details, depending on the reporting agency.
- Ownership and Sales Data: Property ownership and transaction details may not be updated in real-time. We do not control the frequency at which property data sources update or correct their records.
While we strive for accuracy, we do not guarantee that service records or property data will be error-free or up-to-date at all times. While we strive for accuracy, we do not guarantee that service records or property data will be error-free or up-to-date at all times.
6. Payment and Transactions
We accept only electronic payment methods. Subscriptions are valid through the end of the billing cycle and cannot be prorated upon cancellation. If we terminate a user's access due to a violation of these Terms, no refunds will be provided. However, if we discontinue a service entirely, affected users may receive a prorated refund at our discretion.
7. Privacy
We are committed to protecting your privacy. Please read our Privacy Policy.
8. Beta Trial Users
If you are participating in a beta trial of our services, the beta trial is provided for the purpose of testing and feedback. By participating in the beta trial, you agree to provide feedback to us which we may use to improve our services.
9. Liability and Disclaimers
Homazzy, Inc. provides property-related notifications and service record keeping based on data from service professionals, property owners, and third-party property data sources. While we make every effort to ensure the reliability of our notifications and historical records, we do not independently verify the accuracy of submitted data and cannot guarantee that all information will be error-free. For details about potential limitations in data accuracy, please refer to Section 5: Data Accuracy and Frequency.
For Service Professionals:
- Service professionals receive notifications regarding properties they service based on public property data sources, past service records, and property ownership changes. However, this data may contain delays, inaccuracies, or omissions beyond our control.
- We are not liable for any business decisions, customer communications, or actions taken by service professionals based on notifications or property data provided through our services.
- Incorrect property ownership or service history data may result in unintended communications between service professionals and property owners. In such cases, service professionals must handle any disputes or corrections directly with the relevant parties.
- Service professionals cannot hold us liable for financial losses, service disputes, or customer relationship issues resulting from inaccurate or outdated property notifications.
For Property Owners and Real Estate Agents:
- Property owners and real estate agents use our service history records and property data to track maintenance, repairs, and disclosures related to real estate transactions.
- We are not liable for any inaccuracies, delays, or incomplete service records submitted by service professionals or self-reported by property owners.
- We do not provide guarantees or warranties that the service history of a property is fully complete or accurate.
- Real estate disclosures are governed by state and local laws, and our records should not be used as a substitute for the formal property disclosure process required by law. Any disputes or concerns regarding the accuracy of property service records should be resolved through proper legal disclosure channels.
- Property owners and real estate agents cannot hold us liable for any issues, legal disputes, or financial impacts resulting from inaccurate property history records.
- Real estate agents cannot be held liable for referring their clients to use Homazzy as part of a property transaction. Homazzy is a tool that helps organize property maintenance history, but it does not replace formal legal disclosures, home inspections, or title searches required in real estate transactions.
General Disclaimer:
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
- While we take reasonable measures to provide accurate notifications and record-keeping services, we rely on third-party data sources and user-submitted information, which may contain errors. We are not responsible for any financial losses, legal disputes, or business decisions made based on the data in our system.
- Additionally, we use AI-assisted tools to analyze and categorize service records based on uploaded documents or images. While this technology enhances efficiency, AI-generated records may misinterpret content or categorize records incorrectly. Users are responsible for reviewing AI-generated service records for accuracy before finalizing them.
- By using our services, all users acknowledge and accept that data accuracy may vary and that any legal or financial obligations related to property disclosures, service records, or customer interactions remain the sole responsibility of the user.
10. Right to Investigate
We reserve the right to investigate any activity that we believe may be in violation of these Terms, including but not limited to fraudulent or illegal activities. This may include reviewing the information provided by property owners and service professionals and contacting relevant parties.
11. Termination, Suspension, and Modification of Service
We reserve the right to terminate or suspend access to our services with or without cause, including but not limited to circumstances such as violations of these Terms or illegal activities. Specific processes for termination or suspension will be provided as needed. Additionally, we reserve the right to modify, suspend, or discontinue the service (or any part thereof) at any time, with or without notice. This includes changes to features, availability, or data sources. We are not liable for any impact these changes may have on users, including loss of access to data or disruption of service.
12. Force Majeure
WE SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM OUR OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGRADATION.
We will make reasonable efforts to resume service as soon as possible under such circumstances.
13. Intellectual Property
All content, data, software, and services provided by Homazzy, Inc. are considered the intellectual property of Homazzy, Inc., protected under applicable copyright, trademark, and other intellectual property laws. Users may not modify, reproduce, distribute, or create derivative works based on the content, data, or services provided by Homazzy, Inc. without express written permission.
14. Data Usage & Restrictions
The data made available through our services is intended solely for purposes outlined within these Terms.
Permitted Uses:
- Access, store, and organize service records related to properties they own or service.
- Use notifications and historical property data to track maintenance history and support property care decisions.
- Utilize property insights and reports to improve their professional or personal service offerings.
Prohibited Uses:
- Reselling, redistributing, or sublicensing our data, service records, or property insights to third parties without explicit written permission.
- Using our data for marketing, advertising, or lead generation purposes outside of the intended features provided within the application.
- Modifying, altering, or falsifying service records for any reason, including misrepresenting property maintenance history.
- Automating mass data extraction (scraping, indexing, or mining) from our application using bots, scripts, or other automated technologies.
- Using our data in violation of any local, state, or federal regulations governing service professionals or property disclosures.
15. Indemnification
By using our services, users agree to indemnify, defend, and hold harmless Homazzy, Inc., including its officers, directors, employees, affiliates, and partners, from and against any claims, damages, liabilities, costs, and expenses (including legal fees) arising from:
Incorrect Data Usage:
- Any misuse, misrepresentation, or unauthorized application of property data, service records, or notifications.
- Any business decisions or transactions made based on incomplete, incorrect, or outdated property service information.
Unauthorized Use of Service Records:
- Any attempt to edit, manipulate, or delete records without proper authorization from the original service professional or property owner.
- Using property history records outside of the intended scope, such as making unverified claims about property maintenance that result in disputes.
Breach of Terms:
- Any violation of the data usage restrictions outlined in Section 15.
- Any unauthorized sharing, resale, or third-party distribution of data sourced from us.
Legal Disputes Resulting from Notifications or Records:
- Any financial, contractual, or legal disputes between service professionals and property owners arising from the use of our software.
- Any claims that property service records were misrepresented, missing, or incomplete in a transaction or service-related agreement.
16. Dispute Resolution & Arbitration
We strive to provide a seamless experience for all users, but we recognize that disputes may occasionally arise. This section outlines the process for resolving disputes between users and us, as well as disputes that may occur between users themselves related to the use of our services.
Disputes Between Property Owners and Service Professionals
We are a provider of property service notifications and historical service records but do not directly oversee, facilitate, or verify transactions, agreements, or interactions between property owners and home service professionals. As a result:
- Independent Dispute Handling: Any disputes between property owners and service professionals regarding service accuracy, contract fulfillment, payments, or property history must be handled directly between the involved parties.
- No Liability for Service Agreements: We do not mediate, oversee, or guarantee service contracts, payments, or interactions between users and are not liable for disputes related to work performed, service record accuracy, or financial transactions.
- Corrections of Service Records: If a property owner or service professional believes that a service record contains incorrect information, they should contact the original data submitter to request corrections. We do not arbitrate the accuracy of user-submitted records.
Disputes Between Property Owners and Real Estate Agents
Real estate agents may choose to introduce our services as part of a closing gift or as an enhanced supporting disclosure tool for buyers and sellers. However, we do not serve as a replacement for legally required real estate disclosures. To protect real estate agents using our services:
- Not a Legal Disclosure Service: Property history provided through our application is based on service records submitted by users or third-party data sources and does not constitute a legally required disclosure under state or federal real estate laws.
- Real Estate Agent Protection: If a property owner believes that a service record or historical data is incomplete or inaccurate, they may not hold the referring real estate agent responsible for any perceived omissions.
- Standard Resolution Processes: If a dispute arises regarding service history as it pertains to a real estate transaction, property owners should address their concerns through standard real estate disclosure and dispute resolution processes rather than through us.
Disputes with Our Services
If a dispute arises regarding the use of our services, data handling, account termination, or any other matter, we encourage users to first contact us to seek an informal resolution.
Informal Resolution
- Contact our support team via our contact form or by emailing tos@homazzy.com.
- Provide a detailed description of the dispute, including relevant dates, account information, and supporting documentation.
- We will make a good faith effort to respond and resolve disputes within 30 days of receiving the complaint.
Mandatory Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
- Arbitration Process:
- All disputes will be resolved through final and binding arbitration administered by a recognized arbitration organization.
- Arbitration will take place in our headquarters' state, unless both parties agree to virtual arbitration.
- Each party will bear its own legal costs and fees unless required otherwise by law.
- Arbitration decisions are final and legally binding, with no appeal process.
- Class Action Waiver:
YOU AGREE THAT ANY CLAIMS OR DISPUTES MUST BE BROUGHT INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, CONSOLIDATED CLAIM, OR REPRESENTATIVE LAWSUIT. THIS APPLIES TO BOTH COURT LITIGATION AND ARBITRATION PROCEEDINGS.
- Users agree that disputes must be brought on an individual basis and waive the right to participate in any class action lawsuit against us.
- This waiver applies to all forms of dispute resolution, including arbitration and court proceedings.
Exceptions
- Small Claims Court: Users may bring qualifying disputes to small claims court in their local jurisdiction.
- Intellectual Property: We may take legal action in court to protect our intellectual property rights, trade secrets, unauthorized data usage, or fraudulent activity.
17. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, USA, without regard to conflict of law principles. Homazzy, Inc. operates in multiple jurisdictions; however, for the purposes of contract interpretation, dispute resolution, and enforcement of these Terms, Colorado law shall govern all legal matters related to this agreement.
- Exclusive Jurisdiction: If arbitration is deemed unenforceable, users agree that any claims or legal proceedings shall be filed exclusively in the state or federal courts within Homazzy's jurisdiction.
- User Compliance: Users are responsible for ensuring their use of Homazzy's services complies with all applicable local, state, and federal laws.
18. Severability
If any provision of these Terms is found to be invalid, unenforceable, or in conflict with applicable laws, that provision shall be modified only to the extent necessary to make it enforceable while maintaining its original intent. The remainder of the Terms shall continue to be valid and enforceable. If a modification is not possible, the unenforceable provision shall be removed, and the rest of the Terms shall remain in full effect.
19. Entire Agreement
These Terms constitute the entire agreement between us and our users regarding the use of services, access to data, and notification systems. These Terms supersede all prior agreements, communications, and understandings, whether written or oral, regarding the use of our application and services. No additional terms, modifications, or agreements shall be binding unless explicitly agreed to in writing by us.
20. Changes
We may update these Terms from time to time to reflect changes in our services, policies, or legal requirements. Any material changes will be posted on our website, and we may provide additional notice via email or in-app notifications. Users are responsible for reviewing the Terms periodically to stay informed about any updates. Continued use of our services after changes are posted constitutes acceptance of the revised Terms
21. Contact Information
For any questions, concerns, or requests regarding these Terms, please use our contact form to reach out to us or email us at tos@homazzy.com.