ComeHome.ai Terms of Service

COME HOME AI END USER TERMS OF USE

The Terms of Use (“Terms”) are a legal contract between you (“you”) and Come Home AI, inc. (“comehome.ai”, "us", "our" or "we") and govern your use of all the text, data, information, video, graphics, audio, photographs and other materials (collectively referred to as “Materials”) that we may make available to you through any area of the comehome.ai service, any services we may provide through the comehome.ai hosted service (“Services”), and any software that we provide for installation and use on a mobile device that permits you to access and use the Materials and Services (each, a “Mobile Application” and collectively with the Materials, Services, and comehome.ai hosted service, the “Platform”).

Please ensure you carefully read and understand these Terms before accessing or using any part of the platform. By using any part of the platform, you acknowledge that you have read and agree to all of these Terms. If you do not agree to these Terms, you are not permitted to use the platform or our services.

Important Notice: These Terms include a provision for dispute resolution and arbitration, which incorporates a waiver for class action. This provision significantly impacts your rights regarding any disputes you may have with COMEHOME.AI. You have the option to opt out of the binding individual arbitration and class action waiver, following the specified instructions provided.

CHANGES.

By using the Platform, you acknowledge and agree to the following key points:

1. **Changes to Platform and Terms**: We reserve the right to modify the Materials, Services, and any part of the Platform at any time without prior notice. We may also update these Terms as necessary. We will attempt to inform you of any changes to these Terms by posting them on the Platform. If you disagree with any modifications, you should cease using the Platform. Continued use after such modifications implies your acceptance of the revised terms. Additionally, specific legal notices or terms on certain Platform pages or partner sites may override these Terms.
2. **Age Requirement and Consent for Minors**: The Platform is intended for users who are at least 18 years old. Minors under 18 may use the Platform only with the consent and under the supervision of a parent or legal guardian. Parents or legal guardians agreeing to these Terms for a Minor are responsible for the Minor's compliance.
3. **Geographical and GDPR Restrictions**: The Platform is available exclusively to users within the United States. Users outside the United States, and those protected by the General Data Protection Regulation (GDPR), are prohibited from using the Platform.
4. **License and Restrictions**: You are granted a limited, personal, non-exclusive, and non-transferable license to use and display the Materials, subject to your compliance with these Terms. You may not modify, reproduce, create derivative works from, reverse engineer, or exploit the Platform or Materials in any unauthorized manner. This license terminates immediately upon any breach of these Terms.
5. **Platform Usage**: To access the Platform and use its Services, you must provide the requested information. You are responsible for maintaining the necessary equipment and services to access the Platform and for any associated costs. If you provide your information in any way, you are consenting to be contacted by us and the operator of site where you used our software.
6. **Electronic Communications**: By using the Platform, you consent to receive electronic communications from us and other users of the Services. These may include notices about fees, transactional information, and other relevant details. Electronic communications from us will meet legal requirements for written communication. Standard carrier data charges may apply to text messaging, and you are responsible for these charges. If you have opted in for telemarketing or advertising communications, they may include prerecorded messages or artificial voice, and may be delivered using automated systems.

Remember, these are key points and do not represent the full Terms. It's important to read and understand the entire Terms of Service before using the Platform.

‍

The key points of the Privacy Policy, Third-Party Links, Submissions, and Unauthorized Activities sections are as follows:

1. **Privacy Policy**: Your personal information is respected and handled as outlined in the Privacy Policy, which can be reviewed at [comehome.ai's Privacy Policy](https://comehome.ai/privacy). This policy details how your information is collected and used.
2. **Links to Third-Party Sites**: The Platform may include links to third-party websites. These are provided for convenience, but comehome.ai does not review, control, or take responsibility for these third-party sites, including their content, products, or services. Use of these third-party sites is at your own risk.
3. **Submissions**: You can upload or submit various materials to the Platform. You are responsible for your submissions, which are deemed non-confidential and non-proprietary. By submitting, you affirm that you own or have necessary rights to your submissions, they don't infringe on any rights, and are not illegal or harmful in nature. You grant comehome.ai a broad license to use these submissions, including for commercial purposes.
4. **Unauthorized Activities**: The Platform is authorized for individual, consumer use only. Any other use is considered unauthorized. You must not use the Platform for public or commercial purposes, modify or distribute its content, violate laws, harm or impersonate others, disrupt the Platform, engage in data mining or unauthorized access, etc. If your violation of these Terms causes legal issues for comehome.ai, you agree to defend and indemnify the company.

Remember, these summaries do not replace the full text of each section. It's important to read and understand all the details in the full terms and conditions provided by comehome.ai.

‍

The "Proprietary Rights" section of the terms highlights the following key points:

1. **Trademark Ownership**: The trademarks, service marks, and logos of comehome.ai and its affiliates are either registered or unregistered and are protected under trademark laws. This includes both the trademarks owned by comehome.ai and those owned by third parties that are featured on the Platform.
2. **Restrictions on Trademark Use**: The use of these trademarks is strictly controlled. You are not granted any license or right to use any of these trademarks, whether owned by comehome.ai or third parties, without prior written permission from comehome.ai. This includes using these trademarks as part of a link to or from any site, which is prohibited unless approved in writing by comehome.ai.
3. **Goodwill**: All goodwill generated from the use of comehome.ai's trademarks benefits comehome.ai.
4. **Ownership of Materials**: All materials on the Platform, including their arrangement, are the sole property of comehome.ai or its suppliers and licensors. This encompasses a wide range of materials, possibly including text, graphics, images, software, and other content.
5. **Restrictions on Use of Materials**: Rights not explicitly granted in the terms are reserved by comehome.ai. This means that, except as allowed by law, you cannot reproduce, distribute, modify, retransmit, or publish any copyrighted material from the Platform without express written consent from the copyright owner or license.

This section is crucial for understanding the intellectual property rights associated with the use of comehome.ai's Platform and the limitations placed on the use of its materials and trademarks. It's important for users to adhere to these terms to avoid legal infringements.

‍

INTELLECTUAL PROPERTY INFRINGEMENT.

This section outlines comehome.ai's policy regarding intellectual property rights and the procedures for handling copyright infringement claims under the Digital Millennium Copyright Act (DMCA). Key points include:

1. **Respect for Intellectual Property Rights**: comehome.ai respects the intellectual property rights of others and has a policy of removing content that violates these rights. This includes suspending or terminating access for users who infringe on the intellectual property rights of others.
2. **Procedure for Reporting Infringement**: If you believe your intellectual property rights have been infringed on the Platform, you should send a written notice to comehome.ai's designated agent at support@comehome.ai. The notice must include:
   • Your physical or electronic signature.
   • Identification of the copyrighted work or intellectual property that you believe has been infringed.
   • Identification of the allegedly infringing material, with enough detail to allow comehome.ai to locate it.
   • Your contact information (postal address, telephone number, and email address).
   • A statement of good faith belief that the use of the material is not authorized.
   • A statement that the information in the notice is accurate.
   • A statement, under penalty of perjury, that you are authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed.
3. **DMCA Counter-Notification**: If material you have posted to the Platform is removed due to an infringement claim, you may submit a counter-notification. This must include:
   • Your physical or electronic signature.
   • Identification of the material that was removed and its location before removal.
   • A statement under penalty of perjury that you believe the material was removed by mistake or misidentification.
   • Your name, physical address, telephone number, and a statement consenting to the jurisdiction of a federal court in your district, or if outside the U.S., in any district where comehome.ai may be found.
4. **Termination of Repeat Infringers**: comehome.ai reserves the right to terminate the accounts or access of users who are subject to repeated DMCA or other infringement notifications.

This policy demonstrates comehome.ai's commitment to protecting intellectual property rights and outlines the legal procedures for addressing potential infringements on its platform.

‍

YOUR RELATIONSHIP WITH US; DISPUTES AMONG USERS.

This section of the terms and conditions clarifies the relationship between comehome.ai and its users, particularly regarding service contracts, agency or partnership, and disputes:

1. **No Party to Service Contracts**: comehome.ai explicitly states that it is not a party to any agreements for products or services made between users of the platform and third parties. This includes any contracts made between users and comehome.ai's partners, like moving or insurance companies.
2. **No Agency or Partnership**: The use of comehome.ai's platform does not create any agency, partnership, joint venture, or employment relationship between comehome.ai and its users. Users do not have the authority to bind comehome.ai in any respect, and neither party can control the day-to-day activities of the other.
3. **Disputes Between Users and Third Parties**: Interactions and transactions between users and third parties found through the platform are solely the responsibility of the user. comehome.ai does not endorse or guarantee the suitability, accuracy, or reliability of any individual, organization, product, or service found on the platform. Users are advised to conduct their own due diligence before engaging in transactions.
4. **Release of Liability in Disputes**: In the event of a dispute between users of the platform or between a user and a third party, comehome.ai is not obligated to become involved. Users agree to release comehome.ai and its affiliates from any claims, demands, and damages arising from such disputes. Specifically for California residents, this includes a waiver under California Civil Code §1542, which relates to known and unknown claims at the time of releasing a party from liability.

This section is important for users to understand their responsibilities and the limitations of comehome.ai's role in their interactions and transactions made through the platform. It emphasizes the importance of personal responsibility in conducting safe and informed transactions.

‍

DISCLAIMER OF WARRANTIES.

This section of the terms and conditions outlines the nature of the platform, materials, and services provided by comehome.ai, emphasizing the "as is" and "with all faults" basis of their availability:

1. **Disclaimer of Warranties**: comehome.ai expressly disclaims all warranties, whether express, implied, or statutory, regarding the platform, materials, and services. This includes any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of intellectual property rights.
2. **No Guarantee of Service Quality**: The company makes no promises that the platform will meet users' requirements, or that the use of the platform will be uninterrupted, timely, secure, or error-free. There is also no guarantee that any defects in the platform will be corrected.
3. **No Warranty on Results and Information Accuracy**: comehome.ai does not warrant the results obtained from the use of the platform, nor the accuracy or reliability of any information or services obtained through the platform. They are not responsible for the actions or failures of any third parties.
4. **No Creation of Warranty through Advice or Information**: Any advice or information obtained by users through the platform, whether oral or written, from comehome.ai or its subsidiaries/affiliated companies, does not create any warranty.
5. **Disclaiming Equitable Indemnities**: The company disclaims all equitable indemnities, meaning they do not accept responsibility for compensating users for any losses or damages that might arise from the use of the platform.

This section is crucial for users to understand as it sets clear expectations regarding the nature of the services provided by comehome.ai and limits the company's liability in terms of the quality and reliability of these services. It highlights that users should use the platform at their own risk and discretion.

‍

LIMITATION OF LIABILITY.

This section of the terms and conditions emphasizes the user's sole responsibility and the limited liability of comehome.ai in various aspects of using their platform:

1. **User's Sole Risk**: The use of the platform, materials, products, and services is entirely at the user's risk. comehome.ai explicitly states that they will not be liable for any damages resulting from the user's actions related to the platform, such as displaying, copying, or downloading materials.
2. **Limitation of Liability**: comehome.ai disclaims liability for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages. This includes damages resulting from loss of data, revenue, profits, or other economic advantages, regardless of whether comehome.ai was aware of the possibility of such damages.
3. **User's Responsibility in Interactions**: Users are solely responsible for their communications and interactions with other users of the platform and any third parties they engage with through the platform. comehome.ai does not verify the statements of users on the platform and makes no representations or warranties regarding the conduct of users or their compatibility with other users.
4. **Precautions in User Interactions**: Users are advised to take reasonable precautions in all communications and interactions with others through the platform, especially in offline or in-person meetings, even if such meetings are facilitated by comehome.ai.
5. **Disclaimer of Liability for User Actions**: comehome.ai explicitly disclaims all liability for any act or omission of any user of the platform and all other third parties.

This section is crucial for users to understand as it clearly outlines the extent of comehome.ai's liability and the user's responsibilities. It highlights the importance of exercising caution and due diligence in interactions facilitated by the platform, as the company does not assume responsibility for the actions or conduct of its users or any third parties.

‍

LOCAL LAWS; EXPORT CONTROL.

The entirety of the Platform may not be appropriate or available for use in all jurisdictions. If you use the Platform (or any portion thereof), you are solely responsible for following applicable local laws.

‍

FEEDBACK.

This section outlines the terms regarding any feedback you provide to comehome.ai about their platform:

1. **Treatment of Feedback**: Any feedback you provide, such as comments, questions, suggestions, or materials, will be considered non-confidential and non-proprietary. This means that anything you submit can be used by comehome.ai without the need to keep it confidential or acknowledge your contribution.
2. **Assignment of Rights**: You agree to assign all rights, titles, and interests in the feedback to comehome.ai. They can use this feedback for any purpose, including developing, manufacturing, licensing, marketing, and selling products or services. This is applicable to all aspects of the feedback, whether or not it is patentable.
3. **License in Case of Prohibition of Assignment**: In jurisdictions where such an assignment of rights is prohibited by law, you grant comehome.ai an exclusive, transferable, worldwide, royalty-free license to use and exploit the feedback. This license includes the right to sublicense and use the feedback as comehome.ai deems fit.
4. **No Obligation to Use Feedback**: comehome.ai is not obligated to use, display, reproduce, or distribute any ideas, know-how, concepts, or techniques contained in your feedback. You also do not have the right to compel comehome.ai to use your feedback in any specific way.

This clause is significant as it clarifies that any feedback you provide can be freely used by comehome.ai without compensation or acknowledgment to you. It's important for users to understand this, especially if they believe their feedback contains valuable or proprietary ideas.

‍

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

The Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) is a crucial part of the terms you agree to when using comehome.ai's services. Here are the key points:

1. **Mandatory Arbitration**: This Provision mandates that any disputes between you and comehome.ai (referred to as "Disputes") must be resolved through binding arbitration, rather than in court. Arbitration is a private process where an arbitrator, not a judge or jury, resolves disputes.
2. **Waiver of Court Trial**: By agreeing to these Terms, you waive the right to bring claims in a court before a judge or jury. This includes waiving the right to participate in class actions or other court proceedings involving multiple parties.
3. **Scope of Arbitration**: The term "Dispute" is defined broadly to include any disagreements, claims, or controversies between you and comehome.ai, regardless of the legal basis (contract, tort, statute, etc.). This includes issues related to the validity, enforceability, or scope of this arbitration provision itself.
4. **Parties Included in the Provision**: The Provision applies not only to comehome.ai but also to its parent companies, subsidiaries, affiliates, officers, directors, employees, and agents.
5. **Class Action Waiver**: The Provision includes a clause that waives the ability to participate in class action lawsuits. This means that disputes will be handled on an individual basis.
6. **Broad Interpretation of Disputes**: The term "Dispute" also extends to claims against parties related to services or products provided to you, such as comehome.ai’s licensors, suppliers, or third-party vendors, especially when these claims are part of the same legal proceeding as those against comehome.ai.

This Provision significantly affects your legal rights by limiting your ability to bring disputes in court and participate in class action lawsuits. It's important to understand and consider these implications when agreeing to the terms of service with comehome.ai.

‍

YOU AND COMEHOME.AI EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

‍

The Pre-Arbitration Claim Resolution section outlines the steps you need to take before initiating arbitration or court proceedings for any disputes with comehome.ai. Here's a summary of the process:

1. **Initial Notification**: Before pursuing arbitration or court action, you must first provide comehome.ai with an opportunity to resolve the dispute. This is done by sending a written notification to Come Home AI, Inc. at their specified address (447 Sutter St, Ste 405 # 311, San Francisco, CA 94108).
2. **Contents of the Notification**: Your written notification must include the following:
   • Your name.
   • Your address.
   •  A detailed description of the dispute.
   • The specific relief or resolution you are seeking.
3. **45-Day Resolution Period**: After comehome.ai receives your written notification, they have 45 days to address and resolve the dispute.
4. **Proceeding to Arbitration or Court**: If comehome.ai does not resolve the dispute within the 45-day period, you then have the option to pursue the dispute through arbitration. The option to take the dispute to court is available only under certain circumstances, which are likely detailed in other sections of the terms and conditions.

This process emphasizes the importance of attempting to resolve disputes amicably and directly with comehome.ai before resorting to formal arbitration or legal proceedings. It's a common step in dispute resolution clauses, aiming to reduce unnecessary legal actions and encourage more efficient, direct resolution of issues.

‍

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or comehome.ai may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by mailing us written notification at: Come Home AI, inc., 447 Sutter St, Ste 405 # 311 San Francisco, CA 94108. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with comehome.ai through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with comehome.ai. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

‍

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or comehome.ai may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Because the Platform and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or comehome.ai may initiate arbitration in either San Diego County, California or the federal judicial district that includes your billing address. However, if comehome.ai initiates the arbitration in San Diego County, you shall have the right to have the arbitration transferred to the AAA or JAMS office within the judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – comehome.ai will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with comehome.ai as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

‍

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and comehome.ai specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Platform can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

‍

No Judge or Jury in Arbitration

Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms you and comehome.ai are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and comehome.ai might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

‍

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court.

‍

Continuation

This Provision shall survive the termination of your service with comehome.ai or its affiliates. Notwithstanding any provision in these Terms to the contrary, we agree that if comehome.ai makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require comehome.ai to adhere to the present language in this Provision if a dispute between us arises.

‍

GENERAL.

We prefer to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by us, may result in immediate termination of your access to the Platform and Services without prior notice to you. The Federal Arbitration Act, Pennsylvania state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or the Platform will be heard in the courts located in San Diego County in the State of California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Our failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and comehome.ai and supersede all prior or contemporaneous negotiations, discussions or agreements between you and comehome.ai about the Platform. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

‍

CONTACT US.

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at support@comehome.ai.