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Get StartedLogin
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TERMS OF SERVICE

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: September 1, 2024

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.

1.Introduction

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 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.

These Terms of Service apply to all Users to the extent applicable and
constitute an agreement between each User and Homebot. Additional or separate
terms may apply to Individual Users and Enterprise Users. In the event of any
conflict or inconsistency between these Terms of Service and any separate
agreement, including any Enterprise Agreement, the terms of the other agreement
shall govern. Certain Enterprise Users may elect to subscribe to 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.

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 agree to the updated
terms.

2.Restrictions & Limitations on Use

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) 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 permitted under these Terms of Service.

User may not release to any third party the results of the Service 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 or otherwise; (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 or use the Service. User may not imply
or state that such User is affiliated with or endorsed by Homebot without
Homebot’s express written 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.

3. Other Users/Third Parties

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.

4. Support and Service Levels

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.

5. User Data

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 or
Consumer, 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.

Additionally, Individual Users and Enterprise Users grant to Homebot a
worldwide, transferable, and sublicensable right to use, copy, modify,
distribute, publish, and process, in connection with the Service and without any
further consent, notice and/or compensation to such Users or others, such User’s
real estate transaction details and entity relationship data provided by Users
or otherwise procured by Homebot, which can be combined with other data sources
to inform and enhance the Services.

Consumer Users 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, Consumer Users understand and agree that foregoing limited non-exclusive
license grants Homebot the right to share User Data relating to such Consumer
Users with other Users in connection with the Service, subject to the same
limitations set forth above.

Homebot has no obligation to store, maintain or provide you a copy of any
content or information that you or others provide, except to the extent required
by applicable law and as noted in our Privacy Policy. In addition, Homebot may
delete and remove from the Service any User Data pertaining to any individual,
including Consumers, upon the request of such individual.

In the event you use any Connected Products, in addition to all other terms
applicable to User Data and Third Party Products set forth in these Terms of
Service, you acknowledge and agree that Homebot has no control over, and assumes
no responsibility for, the content, privacy policies or practices of the
provider of any such Connected Product and you expressly agree that Homebot need
not provide notice every time you connect to a Connected Product through the
Service. In addition, Homebot will not, and cannot, censor or edit the content
of any Connected Product. By using any Connected Product in connection with the
Service you expressly relieve Homebot from any and all liability arising for
your use thereof. We encourage you to be aware when you are using a Connected
Product and to read the terms and conditions of each Connected Product you use.
‍

6. Additional Terms for Enterprise Users and Individual Users

If you are an Enterprise User, you 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.  You further
acknowledge and agree that the applicable Enterprise Administrative User may
review your access to and use of the Service and take certain actions regarding
your Enterprise User account. In the event of any dispute between you and the
applicable Enterprise (or any person acting on behalf of such Enterprise),
including, but not limited to, rights to User Data concerning any Consumer,
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.

If you are an Individual User, you acknowledge and agree that the applicable
Individual User Affiliated Entity Administrative User may review your access to
and use of the Service. Further, you acknowledge and agree that Homebot may
provide information to your Individual User Affiliated Entity directly regarding
your access to and use of the Service. Further, you acknowledge and agree that
the applicable Individual User Affiliated Entity and/or Individual User
Affiliated Entity Administrative User can instruct Homebot to take certain
actions with respect to your account, provided that such action is consistent
with these Terms, Homebot’s Privacy Policy and other rules, terms and conditions
relating to the use of the Service. Such actions may include, but are not
necessarily limited to, making changes in the Service related to your compliance
with the Individual User Affiliated Entity’s brand guidelines and other
compliance obligations applicable between you and your Individual User
Affiliated Entity.  Such actions shall not include an instruction to cancel or
deactivate your account. In the event of any dispute between you and the
applicable Individual User Affiliated Entity (or any person acting on behalf of
such Individual User Affiliated Entity, including, but not limited to, the
applicable Individual User Affiliated Entity Administrative User), including,
but not limited to, rights to User Data concerning any Consumer User, Client
and/or Lead, Homebot shall not be responsible for the resolution thereof, and
Homebot shall be entitled, but is not obligated, to follow all reasonable
instructions of the Individual User Affiliated Entity with respect thereto while
you are affiliated with such Individual User Affiliated Entity.

The Service enables Individual Users and Enterprise Users to upload certain
types of Relationship Data.  Without limiting anything in these Terms, the
Documentation, or otherwise, only the following types of Relationship Data are
permitted:

a. Client Transactional Relationship Data. We will always endeavor to load
Client Transactional Relationship Data, subject to our rights to refuse to load,
or remove, User Data we believe violates these Terms or results in reputational
risk or damage to our Service.

b. There are two types of Lead Data that you may upload to the Service:

i. Mutual Contact Lead Data. We will always endeavor to load Mutual Contact Lead
Data, subject to our rights to refuse to load, or remove, User Data we believe
violates these Terms or results in reputational risk or damage to our Service.

ii. Opt-In Lead Data. Prior to uploading any Opt-In Lead Data to the Service,
you must notify us that the information you are seeking to upload constitutes
Opt-In Lead Data.  We will endeavor to load Opt-In Lead Data, but, in addition
to our right to refuse to load, or remove, User Data we believe violates these
Terms or results in reputational risk or damage to our Service, we may choose,
at our discretion, to: (1) perform our own data quality assurance process on any
such Opt-In Lead Data to ensure it is eligible to be uploaded to the Service;
and/or (2) load Opt-In Lead Data over a period of time to enable us to monitor
and react to any reputational risk any Opt-In Lead Data may pose to our Service.

Without limiting anything in these Terms, you are prohibited from uploading any
information about any Consumer or other individual with whom you have had no
contact, or who has not affirmatively opted into becoming a Lead or who may not
have been aware of the consequences of their actions that resulted in them
becoming a Lead.  

Without limiting the foregoing, Homebot reserves the right to remove any User
Data, including, but not limited to, any Relationship Data, you upload or
attempt to upload to the Service that Homebot believes violates these Terms or
results in reputational risk or damage to Homebot’s Service.

7. Additional Terms for Administrative Users

If you are an Administrative User, when using the Service in your role as an
Administrative User, you are only permitted to use the Service as follows:

a. Enterprise Administrative Users may access the Service to review the use of
the Service by applicable Enterprise Users to: (i) ensure consistency with the
Enterprise’s band requirements; (ii) ensure such use complies with applicable
legal compliance obligations; (iii) ensure such use complies with applicable
Enterprise requirements; (iv) manage User Data related to Consumers associated
with Enterprise Users; (v) manage certain Enterprise User system preferences;
(vi) manage certain Enterprise system preferences; (vii) disable or suspend
Enterprise User accounts; and/or (viii) manage or execute other permissible
actions as they may be available to Enterprise Administrative Users over time.
Enterprise Administrative Users can also transfer Clients and Leads from one
Enterprise User to another or to an Enterprise account.

b. Individual User Affiliated Entity Administrative Users may access the Service
to review the use of the Service by applicable Individual Users to ensure: (i)
consistency with the Individual User Affiliated Entity’s brand requirements;
(ii) such use complies with applicable legal compliance obligations; and (iii)
such use complies with applicable Individual User Affiliated Entity
requirements.  Individual User Affiliated Entity Administrative Users are
prohibited from and cannot (i) access information regarding Clients and Leads in
Individual User accounts; (ii) transfer Clients and Leads from one Individual
User to another or to any other account; or (iii) otherwise cancel or deactivate
Individual User accounts.

8. Privacy Policy

As a User, the collection, use and sharing of your personal data is subject to
our Privacy Policy, as may be revised from time to time. Our Privacy Policy is
available here:  https://homebot.ai/privacy-policy.

We may modify our Privacy Policy and any other policies applicable to Users from
time to time. If we make material changes to the Privacy Policy or any other
policies applicable to Users, we will provide you notice, and we may require you
to accept the modified policy 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 any of these policies serves as your consent to the updated
policy.

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.

9. Password Protected Areas of the Homebot Site and 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.

10. Fees and Payment Terms

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, provided that in those jurisdictions in which Homebot
is required to collect sales tax, applicable sales tax based on the bill-to
address and the sales tax rate in effect at the time of purchase will be added
to your total price, and all tax collected will be remitted to the appropriate
taxing jurisdiction by Homebot or a third-party payment processing 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.

11. Nonpayment and Suspension

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.

12. Restrictions; Termination

Homebot may limit any User’s use of its Service, or restrict, suspend, or
terminate a User’s account if Homebot believes that such User may have violated
these Terms of Service, our Privacy Policy or any other policies applicable to
such User in connection with the Service, or any applicable law, or if Homebot
believes such User is misusing the Service.

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.

13. Intellectual Property Rights

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.

14. No Warranty

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 IS 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.

15. Limitation of Liability

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.

16. Digital Millennium Copyright Act

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):

 * A physical or electronic signature of a person authorized to act on behalf of
   the owner of an exclusive right that is allegedly infringed;
 * Identification of the copyrighted work claimed to have been infringed, or, if
   multiple copyrighted works at a single online site are covered by a single
   notification, a representative list of such works at that site;
 * Identification of the material that is claimed to be infringing or to be the
   subject of infringing activity and that is to be removed or access to which
   is to be disabled and information reasonably sufficient to permit the Homebot
   to locate the material;
 * Information reasonably sufficient to permit Homebot to contact you, such as
   an address, telephone number, and, if available, an electronic mail address;
 * A statement that you have a good faith belief that use of the material in the
   manner complained of is not authorized by the copyright owner, its agent, or
   the law; and
 * A statement that the information in the notification is accurate, and under
   penalty of perjury, that you are authorized to act on behalf of the owner of
   an exclusive right that is allegedly infringed.

DMCA claims may be sent to address set forth in the Notice section in these
Terms of Service.

Alternatively, please email us at dmca@homebot.ai.

17. General Provisions

a. 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.

b. Assignment.  

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.

c. Notices.

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.

d. 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.

e. Entire Agreement.

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.

f. Severability.

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.

g. No Waiver

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.

18. DEFINITIONS

In addition to those capitalized terms defined elsewhere in these Terms of
Service:

“Administrative User” means, generally, an Enterprise Administrative User or an
Individual User Affiliated Entity Administrative User.

“Client” means a Consumer with whom you have a distinct, current, or previous
transactional relationship with (a “Client Transactional Relationship”). By way
of example only: (i) if you are a loan officer, this includes a Consumer that
originated a loan with you; and (ii) if you are a real estate agent, this
includes a Consumer who has purchased or sold a hold with you.

“Client Transactional Relationship Data” means information about a Client.

“Connected Products” means Third Party Products that the Service enables
Individual Users and Enterprise Users to import information about Consumers and
other information stored by or otherwise available from such Third Party
Products into the Service.

“Consumer” means an individual who owns a home, typically a residential property
or rental investment property, an individual who rents a residential property
from another individual and who does not own the home they rent, or any other
individual that may be interested in engaging in any residential real estate
purchase, sale, or lending transaction.

“Consumer User” means a Consumer that accesses the Service.

“Contact Lead Data” means information about Leads with whom you have had direct
contact or interaction. By way of example only, this includes: (i) information
about Consumers with whom you might have been engaged in certain home-buying or
real estate lending activity but with whom no Client Transactional Relationship
exists; (ii) information about a Consumer with whom you have discussed the
Service and such Consumer expressed a desire to be added to the Service; and
(iii) information about Consumers with whom you have had prior contacts (for
example, a Consumer you met at an open house, educational seminar or other
industry-relevant event).

“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.

“Enterprise” means a business or other organization that enters into an
Enterprise Agreement with Homebot.

“Enterprise Administrative User” means an individual assigned by an Enterprise
to perform certain administrative functions within the Service on behalf of the
Enterprise.

“Enterprise Agreement” means the agreement between an Enterprise and Homebot
that grants individuals employed by or associated with such Enterprise to access
the Service on the Enterprise’s behalf.

“Enterprise User” means an individual who is provided access to the Service as
part of an agreement between such individual and an Enterprise such individual
is employed by or affiliated with.

“Homebot,” “we,” “our,” or “us” refers to Homebot, Inc.

"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 and its
subsidiaries, including, without limitation, websites located at a unique URL
where Users may access and use the Service and https://homebot.ai.

“Individual User” means an individual that pays to subscribe to the Service
directly.

“Individual User Affiliated Entity” means the company or other entity an
Individual User is employed by or affiliated with.

“Individual User Affiliated Entity Administrative User” means an individual
assigned by an Individual User Affiliated Entity to perform certain
administrative functions within the Service on behalf of the Individual User
Affiliated Entity.

“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.

“Lead Data” means information about Consumers who may become clients of yours
but, at the time you seek to upload information to the Service, no Client
Transactional Relationship exists between you and such Consumer (such Consumer
referred to as a “Lead”).

“Opt-In Lead Data” means information about Leads with whom you have no prior
contact but who have affirmatively “opted into” becoming a Lead with you through
acceptance of conspicuous terms of service that inform such Lead about their
actions and the consequences of opting in. By way of example, this includes: (i)
information obtained through services where individuals may willingly “opt in”
to learning more information and/or being contacted by a real estate or lending
professional (e.g., Zillow, Realtor.com or Ylopo); and (ii) information obtained
from Consumers that completed a lead capture form on your (or your Enterprise’s
or Individual User Affiliated Entity’s) professional website.

“Relationship Data” means information regarding Consumers who previously were,
currently are, or may in the future become, clients of an Individual User or
Enterprise User.  For clarity, Client Transactional Relationship Data and Lead
Data constitute Relationship Data.

“Service” means those products and services comprising the software-as-a-service
platform made available by Homebot to Users for use via a web browser on a
User’s desktop or mobile device.

“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.

“Terms of Service” means Homebot’s standard terms of use for the service that a
User must accept and agree to abide by in order to use the Service and are
accessible at all times on the Homebot Site or within the Service.

“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, Consumers, or any third party, disclosed, provided, or submitted to
Homebot in connection with the Service. Such data also includes real estate
transaction details and entity relationship data provided by Users to Homebot. 




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