Terms of Service
The terms and conditions governing your use of HomeFax services and platform.
Last updated: January 15, 2024
Acceptance of Terms
Welcome to HomeFax. These Terms of Service ("Terms") govern your use of our website, mobile applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, please do not use our Services.
Description of Service
HomeFax provides comprehensive property intelligence reports and related services to help users make informed real estate decisions. Our Services include:
- Property history and analysis reports
- Emergency response information for properties
- Market data and property valuations
- Building systems and maintenance information
- API access for developers and partners
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with or without notice.
User Accounts
Account Creation
To access certain features of our Services, you may need to create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your account information
- Keep your login credentials secure and confidential
- Notify us immediately of any unauthorized use
- Be responsible for all activities under your account
Account Termination
You may terminate your account at any time. We may suspend or terminate your account if you violate these Terms or engage in activities that harm our Services or other users.
Acceptable Use Policy
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Use the Services for any illegal or fraudulent activities
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Services or servers
- Use automated scripts or bots without permission
- Resell or redistribute our Services without authorization
- Reverse engineer or attempt to extract source code
- Upload malicious code, viruses, or harmful content
- Violate any applicable laws or regulations
Violation of this policy may result in immediate termination of your access to our Services.
Payment Terms
Fees and Billing
Some Services require payment of fees. By purchasing our Services, you agree to:
- Pay all applicable fees as described at the time of purchase
- Provide accurate and current billing information
- Pay fees when due, including any applicable taxes
- Update payment information if it changes
Refunds and Cancellations
Refund policies vary by service type:
- Property Reports: Refundable within 7 days if report contains significant errors
- Subscription Services: Cancel anytime; no refunds for partial billing periods
- API Services: Subject to specific terms in your API agreement
Late Payments
Late payments may result in service suspension and additional fees. We reserve the right to use collection agencies for overdue accounts.
Intellectual Property Rights
Our Intellectual Property
The Services, including all content, features, and functionality, are owned by HomeFax and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our written permission.
Your Content
You retain ownership of any content you submit to our Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, modify, and display the content in connection with providing our Services.
Trademark Usage
HomeFax trademarks and logos may not be used without our prior written consent. Any unauthorized use is strictly prohibited.
Data Use and Privacy
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.
Property reports may contain information from public records and third-party sources. We strive for accuracy but cannot guarantee that all information is current or complete.
You agree to use property information responsibly and in compliance with applicable laws, including fair housing and privacy regulations.
Disclaimers and Limitations
Service Availability
We strive to maintain high service availability but cannot guarantee uninterrupted access. Services may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control.
Information Accuracy
While we make every effort to provide accurate information, property reports are based on available data sources that may contain errors or be outdated. Always verify critical information independently.
Professional Advice
Our Services provide information only and should not be considered as professional advice. Consult qualified professionals for legal, financial, or technical guidance regarding real estate transactions.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOMEFAX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.
Our total liability for any claims arising from or related to the Services shall not exceed the amount you paid for the specific Service giving rise to the claim in the 12 months preceding the claim.
Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless HomeFax, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.
Dispute Resolution
Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
Arbitration
Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Arbitration proceedings shall take place in San Francisco, California, and be conducted in English.
Class Action Waiver
You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as part of a class action, collective action, or representative proceeding.
Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated through:
- Email notification to registered users
- Prominent notice on our website
- In-app notifications where applicable
Continued use of our Services after changes become effective constitutes acceptance of the modified Terms.
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any additional terms for specific Services, constitute the entire agreement between you and HomeFax.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Assignment
You may not assign or transfer your rights under these Terms without our written consent. We may assign these Terms without restriction.
Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
Contact Information
If you have any questions about these Terms of Service, please contact us:
HomeFax, Inc.
123 Tech Boulevard, Suite 400
San Francisco, CA 94102
United States