Terms of Service
Last Updated: February 21st, 2024
These Terms of Service (“Terms”, “Terms of Service”) are entered into by and between Homster, Inc., A California Corporation (“Company”, “Us”, “Homster”), and its Users and visitors to the website, application, webapp or service “Services”, and together with the Privacy Policy, govern those persons’ access to the Services, as well as any content or functionality of the Services, whether as a visitor or a User.
All references to “customer”, “user”, “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Service in any manner, and each of your heirs, assigns, and successors. If you use the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS OF SERVICE SET FORTH IN THIS TERMS OF SERVICE, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICE. FAILURE TO USE THE SERVICE IN ACCORDANCE WITH THESE TERMS AND PRIVACY POLICY MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES.
1.
Service. Company offers an online web application that allows users to upload floor plans on the platform and receive 3D generated virtual tours (“Service”). Users may also share these virtual tours with other users, and/or perspective users.
2.
Accounts and Security. To access the Services permanently, you must have an account. The Company does offer temporary preview of the services for which you do not need an account. For permanent users, You must maintain and are responsible for, the confidentiality of your login and password. If requested, you must provide us with a form of identification to verify your identity.
2.1.
You may not use our Services if:
2.2.
Children are not eligible to use our Services, and we ask that anyone under the age of 18 years old not submit any personal information to us. Our Services are not directed at anyone under the age of 18 years old. We also do not collect or maintain personally identifiable information from those Users who we know are under the age of 18 years old. Should we learn or be notified that we have collected information from Users under the age of 18 years old, we will immediately delete such personally identifiable information.
2.3.
You have previously been banned from using our Services or similar services.
3.
Conditions Of Access
3.1.
You shall abide by all Terms of Service and our Privacy Policy.
3.2.
You may be required to verify that each party is consenting to Services.
3.3.
Any breach of these provisions may lead to the cancellation of a User’s access to services.
3.4.
Each User shall take care not to disclose strictly personal information.
3.5.
We will take any necessary measures to halt fraudulent behavior.
3.6.
Each User undertakes not to carry out any action likely to hinder the operation of the Services and undertakes not to disseminate or arrange for the dissemination of viruses, spam, logic bombs, etc.
4.
Paid Features. You may purchase one or more of the services offered by the Company. Your purchaser will only give you access to the particular Company Service for which you have paid for.
4.1.
The price and payment procedures are permanently accessible on the Services.
4.2.
All prices stated include all relevant local taxes.
4.3.
We reserve the right to change the cost of any of our Services.
4.4.
To the extent permitted by applicable laws and regulations, no refunds will be offered (except in exceptional circumstances such as major service failures). There will be no refund of any payment made by you for services according to these Terms of Use.
5.
Your Personal Data Rights & General Data Protection Regulation (GDPR), CCPA (California). How we use your data and your data privacy rights are covered under our Privacy Policy (https://www.homster.com) and are hereby integrated into these Terms of Service. If you have questions concerning your data rights and our obligations under the GDPR please consult our Privacy Policy. Our Privacy Policy covers a variety information about your data rights including but not limited to our obligations and rights as a processor, obligations and rights of the controller, subject matter of data processing, duration of data processing, nature and purpose of data processing, type of personal data collected, categories of data subjects collected, and special categories of personal data collected.
6.
Content Rights and Licenses. The Services, and all Content other than User Content and all images generated or available on the Services or used to create and operate the Services, is and remains the property of Company, and is protected under the Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Services are accessed, and all rights to the Services, such Content, and such software are expressly reserved.
6.1.
All trademarks and service marks, whether registered or unregistered, as well as Service names and company names or logos, displayed or mentioned on the Services are the property of their respective owners.
6.2.
You must not use such marks without the prior written permission of the owner of the marks. Reference to any Services, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Company.
7.
Limited License to Copy Content. Company grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy, and print the portions of the Content available to Users on the Services.
7.1.
Such license is subject to these Terms of Service, and specifically conditioned upon the following:
7.2.
Users may only view, copy, and print such portions of the Content for their own personal use;
7.3.
Users may not modify or otherwise make derivative works of the Services or Content, or reproduce, distribute, or display the Services or any Content (except for page caching) except as expressly permitted in these Terms of Service;
7.4.
Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
7.5.
Users may not use the Services or Content other than for their intended purposes;
7.6.
Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Service may be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise;
7.7.
Company may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.
8.
Service Levels. The Company offers various levels of support and services tailored to meet the diverse needs and capacities of our customers. Detailed descriptions of the service levels currently available, including the specific features and support options of each, are provided directly to customers as part of the Company's sales and onboarding process.
9.
Support Levels. Company shall support the Homster Web Application (by way of server and database pinging, 24/7 tech support, security patching and hardware and software installation) in accordance with the Service Levels as stated on the website. In the event Customer encounters an error, bug or malfunction in the Services, Customer’s operational representative(s) shall promptly provide notice to Company, describing the problem and indicating its severity.
9.1.
A “Critical Problem” is an error resulting in Customer’s inability to use the Services. Company will respond to and use commercially reasonable efforts to correct reported Critical Problems within one (1) to four (4) hours during the Company's standard business hours (GMT+3). If a report of a Critical Problem is received outside of the Company's standard business hours, the Company shall acknowledge receipt of such a report at the start of the next business day.
9.2.
A “Major Problem” is an error that materially restricts Customer’s use of the Services but does not render the Services completely unusable; examples include the inability to use a function or feature, or a failure that requires ongoing intervention to maintain productive use. Company will respond to and use commercially reasonable efforts to correct Major Problems within four (4) to eight (8) business hours of receiving such report. The response time is contingent upon the report being received within the Company's stated business hours (GMT+3).
9.3.
A “Minor Problem” is an error that does not materially restrict use of the Services but causes reduced functioning of non-critical Service features. Company will respond to and use commercially reasonable efforts to correct Minor Problems in one (1) to two (2) business days following receipt of the report.
10.
Intellectual Property. Users may not engage in any activity on or through the Services, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights.
10.1.
We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") and trademark law, and we retain the right to remove Content from the Services that Company believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent.
11.
Third Party Integration. In providing the Service, Company may make available various third-party tools to process payments. These are processed respectively by Stripe and are subject to their respective terms and conditions. Company is not responsible for the performance of any third-party services or their security of their service. Homster does store payment processing information and such billing data may be stored by our payment processor (Stripe). Please review Stripe’s Terms of Services for any questions regarding the storing of your billing information.
12.
Changes. The Company may update and amend these Terms of Service at any time and the Company will make the updated Terms of Service available through the Services. You understand and agree that you will be deemed to have accepted the updated Terms of Service if you use the Services after the updated Terms of Service are made available to you. If at any point you do not agree to any part of the Terms of Service in operation, you should immediately stop using the Services.
12.1.
You acknowledge and agree that the Company may make changes to, or stop providing, the Services, or restrict your use of Services, at any time without notifying you in advance.
12.2.
You acknowledge and agree that the Company can disable or deny you access to the Services, without notifying you in advance, for any reason or no reason including, without limitation, for any violation of these Terms of Service and/or if the Company suspects that you have used any aspect of the Services to conduct any fraudulent or illegal activity.
13.
Permitted and Restricted Uses.
13.1.
You agree not to offer or modify any content found on the Service consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Content, in any way for any public function, in connection with services or Services that are not those of Company, in other way that is likely to trigger confusion among consumers, that disparages or challenges Company or its licensors, that dilutes the strength of Company's or its licensor's residential property, or that otherwise infringes Company's or its licensor's copyright rights.
13.2.
Any code that Company develops to generate or show any Content of the pages making up the Site is likewise secured by Company's copyright, and you may not copy or adjust such code. Users further agree not to decompile, disassemble or otherwise Reverse Engineer any Service or service or any part thereof.
13.3.
This license does not allow the use of the contents in printed or electronic items, non-fungible tokens (NFTs), synthetic personas, metaverse avatars, virtual influencers, and other items aimed to be resold, in which the Company Content is the main element or one of the main elements.
↓ DISPUTE PROCESS ↓
14.
Assumption of Risk. You are solely responsible for ensuring that your use of the Services complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Services.
15.
Process
15.1.
Contact Us You agree to contact us with your complaint prior to filing for any arbitration.
15.2.
File Complaint - You and Company agree that any dispute must be commenced or filed by you or Company within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and Company will no longer have the right to assert such claim regarding the dispute).
15.3.
Arbitration - You and Company agree that (a) any arbitration will occur in the State of California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services, which are hereby incorporated by reference, and (c) that the state or federal courts of the State of California and the United States, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
16.
California Civil Code Section 1789.3 Compliance. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to [support@homster.com].
17.
Communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing.
17.1.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service.
18.
Disclaimer of Warranties. COMPANY DOES NOT WARRANT THAT ANY CONTENT ON THE SERVICE, DOCUMENT OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE CONTENT IN THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE.
18.1.
COMPANY DOES NOT VERIFY FOR ACCURACY ANY INFORMATION PROVIDED TO US FROM THIRD-PARTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH CONTENTS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND THEREFORE THIS DISCLAIMER WOULD NOT BE APPLICABLE IN THOSE JURISDICTIONS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION, IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT.
18.2.
WHILE COMPANY HAS MADE REASONABLE EFFORTS TO CORRECTLY CATEGORIZE AND RECORD GRANTS OF EXCLUSIVITY FOR COMMERCIAL USE OF LICENSED CONTENT, COMPANY DOES NOT WARRANT OR GUARANTEE EXCLUSIVITY IN RESPECT TO EDITORIAL USE OF LICENSED CONTENT. ALL SUCH GRANTS OF COMMERCIAL EXCLUSIVITY DO NOT PRECLUDE PRIOR, CONCURRENT, OR SUBSEQUENT LICENSES GRANTED FOR EDITORIAL USAGE OF THE SAME CONTENT.
19.
Limitation of Liability. To the fullest extent permitted by applicable law, in no event shall the Company parties be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets, or damages for business interruption) arising out of or in any way related to the access to or use of the Services or content (including, but not limited to, user content, third party content and links to third party Services), or the order, receipt or use of any Service, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any Company party, or from events beyond the Company parties’ reasonable control, such as Service interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Company parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable). To the extent that a Court of Law decides Company is responsible for any damages, users agree that any award for damages shall not exceed the total amount of payments paid by user during the previous one-year period to Company in connection with the services relating to such liability.
20.
Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged Company Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to:
20.1.
Any use or misuse of the Content or Services by you or any third party you authorize to access or use such Content or Services;
20.2.
Any User Content you create, post, share or store on or through the Services or our pages or feeds on third party social media platforms;
20.3.
Any Feedback you provide; and,
20.4.
Your violation of these terms, and your violation of the rights of another.
20.5.
Indemnification of Company by you. You agree to defend, indemnify and hold harmless Company and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with (i) your use of any content outside the scope of this agreement; (ii) any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this or any other agreement with Company; and (iii) your failure to obtain any required release for your use of content.
21.
Children. This Service is not directed at individuals under the age of eighteen (18) in the State of California. Company does not knowingly collect personal information from any individual under the age of eighteen (18) in the State of California at this Service.
22.
Entire Agreement. These Terms of Service incorporate by reference any notices contained on the Services, including within the Privacy Policy and Earning Disclaimer, and constitute the entire agreement with respect to access to and use of the Services, Services, and Content.
23.
Severability. If any provision of these Terms of Service is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
24.
No Waiver. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
25.
No Class Actions. You and Company agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.
26.
Governing Law and Venue – California. Any Dispute between the parties that is not subject to arbitration, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California.
27.
Contact Us
Homster, Inc.
440 N Barranca Ave. #6204
Covina, CA 91723