Terms and Conditions of Use
Homaze Terms of Service
Welcome to Homaze. Please read the following terms carefully before using the Service so that you are aware of your legal rights and obligations with respect to Homazze, Inc. (if you are incorporated in the United State of America or if your corporate’s headquarters is located in the United State of America), or Homazze Ltd. (if you are not incorporated in the United State of America and your corporate’s headquarters is not located in the United State of America) (“Homaze”, “we”, “our” or “us”). By accessing or using the Service, you expressly agree that you are entering into a legal agreement with us and have understood and agree to comply with, and be legally bound by, these terms of service (“Terms”). These Term constitutes a binding agreement between Homaze (or, if applicable, the other Homaze entity specified in the Order) and the customer entity specified in the Order (“Customer”, “you”, or “your”).
IF YOU DO NOT ACCEPT THE TERMS, YOU MUST NOT CLICK “I AGREE/I ACCEPT/SIGN UP” (OR THE SIMILAR BUTTON OR CHECKBOX), AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY PART OF THE SERVICE.
An individual entering into these Terms on behalf of its organization/employer, represents that he/she has the right, authority and capacity to act on behalf of the Customer and to bind the Customer to these Terms.
These Terms apply to, and govern, the Order (defined below) to which they are attached, hyperlinked, or otherwise incorporated by reference.
- “Content” means any text, data, information, reports, files, images, graphics, software code, templates, example content or other content.
- “Order” means any order form, sales order, quote, or other ordering document for the provision of the Service, which is executed by the parties (whether offline or online).
- “Service” means our contractor tool and platform for pricing house remodeling and associated application programming interfaces (APIs), software, tools, and Content that we make available to you in connection therewith.
- “Service Content” means any Content (excluding Customer Content and including the Templates (as defined below)) appearing on or in, or otherwise provided or made available via, the Service. Unless the context requires otherwise, references herein to the “Service” shall be deemed to include the Service Content.
- Background. The Service assists home builders, contractors and construction companies in estimating the construction costs and providing a final fee quote for construction projects and home renovation through an online tool.
- Service Access. During the Subscription Term (as defined below), we hereby grant you permission to access and use the Service; provided that you use the Service only for lawful purposes within the stated context of our intended and acceptable use of the Service and comply with these Terms and all applicable laws. If you are an organization using the Service for use by end users, your subscription to the Service is limited to the number of your end users designated during your subscription (“End Users”). Customer shall ensure that such permitted End Users comply with all of the Customer’s obligations under these Terms, and in any event, Customer shall remain liable at all times for any acts and/or omissions of any of its permitted End Users with respect to their performance hereunder. Homaze may, but is not obligated to, monitor your, and your permitted End Users’ use of the Service. In addition, Customer agrees that we may monitor the Service from our own systems to ensure quality, improve our products and services, and ensure compliance with these Terms.
- General. Subject to the terms and conditions of these Terms, including without limitation your payment of all applicable Fees (as defined below), Homaze grants you a limited, non-exclusive, non-transferable, non-sublicensable right and license, during the Subscription Term (as defined below), to internally access and use the Service for Customer’s end use (“Subscription”). For the avoidance of doubt: (i) the Subscription is subject to whatever usage or consumption limitations and parameters (for example, number of users and available features and functionalities), and you shall not use any technical or other means within, or external to, the Service to exceed or circumvent the Subscription scope. Some features and functionalities may in any event be restricted by geography or otherwise, in order for us to comply with applicable law or commitments to third parties. You acknowledge and agree that your purchase hereunder is not contingent on the delivery of any future functionality or feature, or dependent on any oral or written statements made by or on behalf of Homaze regarding future functionalities or features.
- Freemium Subscription. Subject to Customer’s compliance with these Terms, Homaze may grant Customer, at its sole discretion, a non-exclusive, non-sublicensable, non-transferable, limited license to use a freemium version of Services, for Customer internal business purposes (“Freemium Subscription”). The Freemium Subscription shall be free of charge, limited to the terms of Section 4.3 below, and additional terms as shall be prescribed by Homaze. To the maximum extent permitted by law, Homaze, in its sole discretion, has the right to discontinue, cancel, limit or modify any aspect of the Freemium Subscription, including removing features from the Freemium Subscription and/or terminating Customer’s access to the Freemium Subscription, or any part thereof, immediately at any time and with or without cause. In addition, Homaze reserves the right to cancel or suspend freemium Accounts (as defined below) that have not been activated for more than 21 days in a row Homaze reserves the right to charge a fee for certain access, usage or features provided under the Freemium Subscription, and if you have an active Account, Homaze will notify you by email or other reasonable manner, at least 7 days before the charge Customer will not be charged for any such access, use or features provided under the Freemium Subscription unless Customer first agrees to such charges, but Customer shall be aware that any failure to pay applicable charges may result in Customer not having access to some or all of the Services or features provided under the Freemium Subscription.
- Subscription Restrictions. As a condition to (and except as expressly permitted by) the Subscription, you shall not and shall not allow a permitted End User or any third party: (i) copy, distribute, create public Internet “links” to, “frame”, “mirror” or modify any part of the Service without our prior written authorization; (ii) sell, assign, transfer, lease, rent, sublicense, or otherwise distribute or make available the Service to any third party; (iii) publicly perform, display or communicate the Service and/or modify, adapt, translate, or create a derivative work of the Service; (iv) decompile, disassemble, decrypt, reverse engineer, extract, or otherwise attempt to discover the source code, non-literal aspects, or other underlying components of the Service; (v) remove, alter, or conceal any copyright, trademark, or other proprietary rights notices displayed on or in the Service; (vi) use the Service to develop any platform, service or product that is the same as (or substantially similar to), or otherwise competitive with, the Service; (vii) take any action that imposes or may impose an unreasonable or disproportionately large load on the servers, network, bandwidth, or other cloud infrastructure which operate or support the Service, or otherwise systematically abuse or disrupt the integrity of such servers, network, bandwidth, or infrastructure; (viii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose any Service Content; (ix) store or transmit any robot, malware, Trojan horse, spyware, or similar malicious item intended to damage or disrupt the Service, or use or launch any automated system, including “robot”, “spider”, or any other automated means to access the Service; (x) circumvent, disable or otherwise interfere with security-related features of the Service or features or protocols that prevent or restrict use or copying of any content or that enforce limitations on use of the Service; and/or (xi) violate applicable laws or any third party rights.
- Account. In order to access the Service, you are required to create an account (“Account”) by submitting certain information (such as identification or contact details) requested in the applicable form or interface as part of the registration process. You shall be responsible and liable for maintaining the confidentiality and security of the Account credentials, as well as for all activities that occur under or in such Account, and you may not sell, share, transfer, sublicense or otherwise make the access credentials available to others. You agree not to create an Account for anyone else or use the Account of another without their permission. When creating your Account, you acknowledge and agree: (i) not to exceed the aggregate number of authorized End Users unless you first notify us in writing and if applicable, pay Homaze the required additional fees; (ii) to provide accurate and complete Account and login information; (iii) to keep, and ensure that End Users keep, all Account login details and passwords secure at all times; (iv) to remain solely responsible and liable for the activity that occurs in connection with your Account; (v) that the login details for each End User may only be used by that End User, and that multiple people may not share the same login details; and (vi) to promptly notify Homaze in writing if you become aware of any unauthorized access or use of your Account or the Service. You may cancel your Account at any time by using the tools that we make available within the Service or by sending a cancellation request to us at email@example.com in which case we will use commercially reasonable efforts to respond within a reasonable time. To the maximum extent permitted by law, Homaze can delete your Account at any time in case of fraud, breach of these Terms, or other misuse of the Service.
- Payment to Homaze
- The use of the Service is subject to payment of a fee to be paid in advance by the Customer to activate the Account (“Fee”), which enables the Customer and its End Users to access and use the Service. Upon establishment of an Account, the Customer must select a type of Subscription for the Service, including annual or monthly Subscriptions (each, a “Subscription Type”). Different Fees apply to different Subscriptions Types and different terms (i.e. monthly, annually) to the Customer in advance, unless as agreed otherwise with Homaze. The standard pricing options for each Subscription Type are shown on the pricing page accessible at the Pricing Page. Homaze may, from time to time and at its absolute discretion, offer discounts to the Fees charged and/or grant free of charge usage of certain Service, on a case by case basis. Any such discounts and/or free of charge services should not be considered as a permanent offer and the fee that Homaze charges on a recurring basis is according to the Homaze’s policy as will be updated from time to. In addition, Homaze may change the price of the Service and any Subscription Type at any time, and if you have an active Account, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Service before the price change takes effect.
- All Fees are stated and are to be paid, in US Dollars. All amounts payable under these Terms are non-refundable, non-cancellable, and exclusive of all sales, use, value-added, withholding, and other direct or indirect taxes, charges, levies and duties. For the avoidance of doubt, there are no refunds or credits for periods where the Customer or its End Users did not use an activated Account, used an Account only partially, deactivated an Account, or terminated these Terms during an ongoing payment interval. If, after establishing an Account, a Customer elects to upgrade to a more expensive Subscription Type, the unused portion of any prepaid Fees shall be allocated pro-rata against the Fee to be paid with respect to the upgraded Subscription Type, as agreed with Homaze and in accordance with Homaze’s policy. For all versions of the Service, we reserve the right in the future to charge a Fee for features and/or uses which are currently made available free of charge. Any failure to pay the Fees and other applicable charges may result in you not having access to some or all of the parts of the Service and we reserve the right to temporarily suspend access to the Service or terminate these Terms if you are 14 days or more overdue on a payment.
- Intellectual Property Rights. Homaze (and/or its licensors, as applicable) is, and shall be, the sole and exclusive owner of all right, title and interest (including, without limitation, all intellectual property rights) in and to the Service, Service Content, the Service’s data, including, without limitation, the text, software, design, graphics, photos, sounds, videos, interactive features, and services, and all reproductions, corrections, modifications, enhancements and improvements to the Service. If you contact Homaze with feedback data, whether orally or in writing (e.g., questions, comments, feedback data, reports, suggestions or the like), regarding the Service (“Feedback”), such Feedback shall be deemed the exclusive property of Homaze, and you hereby irrevocably transfers and assigns to Homaze all intellectual property rights to the Feedback and waives any and all moral rights or economic rights that you may have in respect thereto. Homaze is under no obligation to implement any Feedback it may receive from Customers. Homaze retains the right to use all publicly published delivered works for Homaze marketing and promotional purposes.
- Third Party Content. The Service may enable you to communicate with third parties or view third party content. To the maximum extent permitted by law, Homaze shall have no responsibility or liability of any kind whatsoever for such third party content or for the policies, practices, actions or omissions of third parties.
- Customer Content
- The Service may permit the submission, uploading and transmitting through, the Service, or otherwise provided or made available to Homaze, by or on behalf of Customer: (i) documents, quotes, pricing lists, data, drawings, construction plans, proposals, statements of work, information, ideas, interactions, text, methods, techniques, processes and projections, plans, financial information, notes, logos, trademarks or other materials provided by you, if any, for use in connection with the Service; (ii) professional/business files of various sorts of picture formats, photos and documents in specific formats allowed by Homaze; and (iii) any other content by you, your End Users, and other users in connection with your use of the Service (collectively, “Customer Content”). As a condition to uploading the Customer Content, you shall not, and shall not allow a permitted End User to upload any harmful content, such as fake documents or inappropriate pictures, which are strictly prohibited and/or submit, store or transmit any robot, malware, Trojan horse, spyware, or similar malicious item intended to damage or disrupt the Service. As between you and Homaze, you are the exclusive owner of your Customer Content. You are solely responsible for all Customer Content uploaded, entered or otherwise transmitted by you. You warrant, represent and covenant that no Customer Content infringes, misappropriates or violates the rights (including, without limitation, any copyrights or other intellectual property rights) of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction. You represent and warrant that you own or have the necessary rights, consents and permissions and will maintain all ongoing legal bases under relevant privacy laws (if applicable), necessary grant us the licenses herein, and to provide, make available, and otherwise expose Customer Content to us, our affiliates, and the hosting provider (if applicable). You will ensure that you only provide or make available to us personal data or other personally identifiable information if strictly required for you to use the Service. you will ensure, and hereby represent and warrant, that no processing of Customer Content under these Terms (whether by us, our affiliates, or if applicable the hosting provider) will violate any law, proprietary right, or privacy right. Furthermore, the Services may allow you to share Customer Content with your Clients. You must ensure that the transmission of Customer Content does not violate any laws or regulations (such as those relating to privacy, anti-harassment or anti-spamming), and you hereby represent and warrant that you have all necessary rights, licenses and/or consents to share the Customer Content with your Clients. You are solely responsible for sharing your Customer Content with your Clients and Homaze maintains no responsibility in relation to such sharing of Customer Content.
- We reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete and/or remove any and all Customer Content posted on the Service at any time and for any reason. To the maximum extent permitted by law, Homaze shall have no liability to you with respect to the Customer Content, including, without limitation, for its accuracy, legality, and quality, for ensuring your Customer Content does not violate any applicable laws or third party rights and liability with respect to any information contained in or apparent from any Customer Content.
- The Service is not intended to, and will not, operate as data storage or archiving product or service, and you agree not to rely on the Service for the storage of any Customer Content whatsoever. You are solely responsible and liable for the maintenance and backup of all Customer Content and other safeguards appropriate for your needs. You retain all right, title, and interest in and to your Customer Content. To the extent that Customer Content contains any third party data, you hereby warrant to have obtained all required consents from such third party to allow Homaze to use the Customer Content as set forth on these Terms.
- By submitting the Customer Content to Homaze, you hereby grant Homaze and its affiliates a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicense-able and transferable right and license to use, store, copy, reproduce, process, modify, distribute, prepare derivative works of display, and perform the Customer Content in connection with the Service and Homaze’s business administer and make improvements to the Service (including, to improve the algorithms underlying the Service).
- Customer acknowledges that in order to provide the Service, Homaze may analyze the Customer Content by certain materials, products, software and/or algorithm processing, and gain suggestions, comments, feedback and/or results through such use (collectively, “Insights”). Customer hereby agrees that Homaze may use such Insights for commercial and internal business purposes, including without limitation, sharing the Insights with third parties, in order to improve and optimize the Service without any obligation (including payment or reporting obligation) to you.
- Analytics Information. Notwithstanding any other provision of these Terms, we may collect, use and publish Anonymous Information relating to you or your End Users’ use of the Service, and disclose it to provide, improve and publicize the Service and for other business purposes. “Analytics Information” means information which does not enable the identification of an individual, such as aggregated and analytics information. Homaze owns all Analytics Information collected or obtained by Homaze.
- Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Service, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including to investigate potential violations of them; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; and/or (v) protect the rights, property or safety of Homaze, its users or the public.
- Warranty Disclaimers
- This Section applies whether or not the Service is for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
- THE SERVICE AND/OR FEATURES PROVIDED UNDER THE FREEMIUM SUBSCRIPTION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. HOMAZE DOES NOT GUARANTEE THAT THE SERVICE AND/OR FEATURES PROVIDED UNDER THE FREEMIUM SUBSCRIPTION WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SERVICE AND/OR FEATURES PROVIDED UNDER THE FREEMIUM SUBSCRIPTION MAY OCCASIONALLY BE UNAVAILABLE, FOR EXAMPLE, FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT HOMAZE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT THAT THE CONTENT AVAILABLE ON THE SERVICE AND/OR FEATURES PROVIDED UNDER THE FREEMIUM SUBSCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE AND/OR THAT THE SERVICE AND/OR FEATURES PROVIDED UNDER THE FREEMIUM SUBSCRIPTION ARE FREE OF VIRUSES OR OTHER HARMFUL CODE.
- YOU SPECIFICALLY ACKNOWLEDGE THAT HOMAZE SHALL NOT BE RESPONSIBLE FOR THE CUSTOMER CONTENT OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL OR NEGLIGENT CONDUCT) OF ANY CUSTOMER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. HOMAZE DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A CUSTOMER CONTENT, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY CUSTOMER CONTENT, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
- HOMAZE MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICE AND/OR FEATURES PROVIDED UNDER THE FREEMIUM SUBSCRIPTION OR TIMELINESS OF THE SERVICE AND/OR FEATURES PROVIDED UNDER THE FREEMIUM SUBSCRIPTION IN MEETING YOUR OBJECTIVES. NO PART OF THE SERVICE AND/OR FEATURES PROVIDED UNDER THE FREEMIUM SUBSCRIPTION OR ANY INFORMATION CONTAINED ON AN ACCOUNT IS INTENDED TO CONSTITUTE ADVICE BY HOMAZE. WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY RELIANCE PLACED ON THE SERVICE AND/OR FEATURES PROVIDED UNDER THE FREEMIUM SUBSCRIPTION OR THE ACCOUNT, AND THE CONTENTS OF THE SERVICE AND/OR FEATURES PROVIDED UNDER THE FREEMIUM SUBSCRIPTION OR THE ACCOUNT, BY YOU OR ANYONE WHO YOU MAY INFORM OF ITS CONTENTS.
- HOMAZE AND/OR ITS LICENSORS, PARTNERS AND CONTENT PROVIDERS MAKE NO WARRANTY THAT (I) THE TEMPLATES WILL MEET YOUR REQUIREMENTS AND WILL BE ERROR-FREE; AND (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TEMPLATES WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE. HOMAZE DOES NOT WARRANT OR GUARANTEE ANY CONTENT THAT APPEARS IN THE TEMPLATES AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY TEMPLATES, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT. NO ADVICE AND/OR INFORMATION OBTAINED BY YOU FROM HOMAZE AND/OR THROUGH YOUR ACCESS TO AND/OR USE OF THE TEMPLATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. HOMAZE WILL NOT BE LIABLE FOR ANY USE, OUTCOMES OF USE, OR RELIANCE ON THE TEMPLATES, INCLUDING, WITHOUT LIMITATION, ANY CONTRACTUAL ENGAGEMENTS OR OTHER ENGAGEMENTS WHICH THE CUSTOMER MAY ENTER INTO WHILST RELYING ON DETAILS AND INFORMATION INCLUDED IN THE TEMPLATES. HOMAZE WILL NOT BE LIABLE OR OBLIGATED IN RESPECT OF THE CUSTOMER’S USE OF THE TEMPLATES AND SUCH USE IS ENTIRELY AT THE CUSTOMER’S OWN RISK. THE CUSTOMER HEREBY WAIVES ANY CLAIMS RELATED TO ITS USE OF THE TEMPLATES AND ANY OUTCOMES THEREOF.
- THE T&CS TEMPLATES PROVIDED OR MADE AVAILABLE BY HOMAZE, ITS LICENSORS, PARTNERS AND CONTENT PROVIDERS ARE GENERAL INFORMATION AND ARE NOT, AND ARE NOT INTENDED TO BE, LEGAL SERVICES OR LEGAL ADVICE AND MAY NOT BE CORRECT, COMPLETE OR REFLECT CHANGES IN LAW OR REGULATION. THE CUSTOMER SHALL NOT RELAY ON THE T&CS TEMPLATES AS LEGAL ADVICE AND SHOULD NOT ACT UPON THE T&CS TEMPLATES AND/OR EXECUTE ANY COMMERCIAL AGREEMENT WITHOUT CONSULTING WITH A LAWYER SO THAT SAID LAWYER SHALL EVALUATE THE CUSTOMER’S NEEDS AND ASIST THE CUSTOMER WITH THE DRAFTING OF THE APPLICABLE AGREEMENT. AVAILABILITY OR USE OF THE T&CS TEMPLATES ARE NOT INTENDED TO CREATE, AND DOES NOT CREATE, ANY ATTORNEY-CLIENT PROFESSIONAL SERVICES RELATIONSHIP, BUSINESS OR PROFESSIONAL RELATIONSHIP. ANY COMMUNICATION BETWEEN THE CUSTOMER AND HOMAZE, INCLUDING THE CUSTOMER’S PROVISION OF THE CUSTOMER CONTENT IS NOT AND SHALL NOT BE SUBJECT TO CLIENT-ATTORNEY PRIVILEGE. HOMAZE DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION REGARDING: (A) THE EFFECTIVENESS, USEFULNESS, RELIABILITY, TIMELINESS, COMPLETENESS, AVAILABILITY, ACCURACY, SUITABILITY FOR ANY PARTICULAR PURPOSE OR USE, INCLUDING, WITHOUT LIMITATION, FOR ANY LEGAL QUESTION, ISSUE, PROBLEM, DISPUTE, OR QUALITY OF THE T&CS TEMPLATES; AND (B) THE SATISFACTION OF, OR COMPLIANCE WITH, ANY LAWS, REGULATIONS OR OTHER GOVERNMENT OR INDUSTRY RULES OR STANDARDS.
- Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HOMAZE (INCLUDING ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES AND AGENTS) SHALL NOT BE LIABLE FOR (I) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, OR WASTED EXPENDITURE; AND/OR (III) ANY LOSS OF, OR DAMAGE OR INTERRUPTION TO, DATA, NETWORKS, INFORMATION SYSTEMS, REPUTATION, OR GOODWILL, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE AND/OR FEATURES PROVIDED UNDER THE FREEMIUM SUBSCRIPTION, EVEN IF HOMAZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HOMAZE (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES AND AGENTS) FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE AND/OR FEATURES PROVIDED UNDER THE FREEMIUM SUBSCRIPTION EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO HOMAZE FOR USING THE SERVICES DURING THE 6 MONTHS PRIOR TO BRINGING THE CLAIM. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICE AND/OR FEATURES PROVIDED UNDER THE FREEMIUM SUBSCRIPTION MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Indemnity. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Homaze and our affiliates, respective officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Service and/or features provided under the Freemium Subscription; (ii) your Customer Content (including sharing Customer Content with third parties); (iii) your interaction with any Service customer; and/or (iv) any breach of these Terms, any violation of applicable laws and/or any infringement, misappropriation or breach of third party rights.
- Term and Termination. These Terms shall become effective on the date that you commence access to or use of the Services and, unless terminated in accordance herewith, shall continue for the duration of the Subscription Term (“Term”). Upon expiration of the Subscription Term specified in each Subscription Type accessible at the Pricing Page (“Initial Subscription Term”), the Subscription shall automatically renew for successive renewal terms of equal length of 1 month or year (depends on your Subscription Type) (each a “Renewal Subscription Term”, and together with the Initial Subscription Term, the “Subscription Term”), unless either party gives the other notice of non-renewal at least 30 days in case of a monthly Subscription, and 60 days in case of a yearly Subscription, before the end of the relevant Subscription Term. The Fees during any such renewal term shall be subject to Homaze’s pricing system and according to your Subscription Type, all as further detailed on Homaaze’s website. If you continue to access or use the Service past any Subscription Term renewal date, you shall be deemed to have renewed your Subscription to the Service for the corresponding renewal period and shall be liable to pay all applicable Fees in connection with such renewal period. To the maximum extent permitted by law, Homaze, in its sole discretion, has the right to discontinue or modify any aspect of the Service and/or terminate these Terms and/or your access to the Service, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Homaze shall not be liable to you or any third party for termination of the Service, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
- Effect of Termination. Upon termination of these Terms for any reason: (i) the Subscription shall automatically terminate; (ii) you shall cease all access and use of the Service; and (iii) you shall pay any outstanding Fees and other charges that accrued as of termination, which shall become immediately due and payable. Unless otherwise stated in these Terms or any other agreement between the parties or required under applicable law, termination shall not give rise to any refund. You acknowledge that following termination you will lose all access to the Service and to any data that we may be stored on your behalf, including access to any Customer Content. It is your responsibility to download your data prior to canceling your Account or any termination of these Terms. Notwithstanding the foregoing, for a period of 30 days from the effective date of termination of these Terms, we will provide you, upon your written request, with a reasonable opportunity to download your data at a time nominated by us. We reserve the right to permanently delete from our (or our third party service provider’s) servers any data that may be contained in your Account at any time following said 30 day period. We do not accept any liability for any termination of the Service or data that is deleted in connection thereto. Sections 6-10 and 12-20 shall survive termination of these Terms.
- Suspension. We reserve the right to temporarily suspend access to the Service: (i) if we deem such suspension necessary as a result of your breach of the Subscription ; (ii) if we reasonably determine suspension is necessary to avoid material harm to us, to our other customers, or to the Service (for example, if the Service’s cloud infrastructure is experiencing denial of service attacks or other attacks or disruptions outside of our control); and/or (iii) as required by law or at the request of governmental entities.
- Assignment. These Terms, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Homaze without restriction or notification. Any prohibited assignment will be null and void. Subject to the provisions of this Section, these Terms will bind and inure to the benefit of each party and its respective successors and assigns.
- Modification. To the fullest extent permissible by law, we reserve the right, at our discretion, to modify and replace any information, specifications, features or functionalities of the Service (but not material functionalities to which you are entitled under the Order, unless it improves the material functionality), as well as any user interface, of the Service. Homaze may from time to time update or revise these Terms. If Homaze updates or revises these Terms, Homaze will post the updated or revised Terms on the website or by any other manner chosen by Homaze in its commercially reasonable discretion. Such change will be effective 15 days following the foregoing notification thereof, and your continued use of the Service thereafter means that you accept those changes to these Terms as updated or revised. You can view the most current Terms on our website. It is your responsibility to review the Terms periodically and we encourage you to do so.
- General. These Terms shall be governed by and construed in accordance with the laws of the State of Israel (for Customers not incorporated in the United State of America), and in accordance with the laws of the State of New York (for Customers incorporated in the United State of America), without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa (if you are not incorporated in the United State of America and your corporate’s headquarters is not located in the United State of America), or to the personal and exclusive jurisdiction of the courts located in New York City, New York (if you are incorporated in the United State of America or if your corporate’s headquarters is located in the United State of America), and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Homaze may seek injunctive relief in any court of competent jurisdiction. These Terms, and any other legal notices published by us in connection with the Service, shall constitute the entire agreement between you and Homaze concerning the Service. In the event of a conflict between these Terms and any of the foregoing, the terms of these Terms shall prevail. No amendment to these Terms will be binding unless in writing and signed or otherwise executed by Homaze. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as may be specified otherwise in these Terms, all notices, consents or other communications provided for in connection with these Terms shall be in writing and shall be deemed given as follows: (A) when received, if personally delivered; (B) the second business day after mailing, when mailed via registered or certified mail with postage prepaid and return receipt requested; (C) upon delivery confirmation, when delivered by nationally recognized overnight delivery service (“Courier”); or (D) the first business day after sending by email. Notices by Customer to Homaze must be given by Courier or registered mail, together with an email copy, to the following addresses:
If to Homazze, Inc.:
7 WORLD TRADE CENTER 250 GREENWICH ST
NEW YORK, NY 10007
If to Homazze Ltd.:
Herzel 33a, Hod Hasharon, Israel
Last updated: September 2023