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Terms & Conditions

HOMEAXIS TERMS & CONDITIONS AND END USER LICENSE AGREEMENT (EULA)

Effective Date: January 1, 2024

Legal Disclaimer

By downloading, accessing, or using the HomeAxis app or its associated website (collectively, the "App" or "Site"), you agree to comply with and be bound by this integrated Terms and Conditions and End User License Agreement ("Agreement"). If you do not agree, do not use the App.

1. DEFINITIONS

  • "App" or "Site": Refers to the HomeAxis mobile application and related website(s), services, tools, and content.

  • "User": Anyone who accesses, downloads, installs, or uses HomeAxis.

  • "Company": Diamond Hill Ventures LLC, the legal owner of HomeAxis.

  • "Content": All text, documents, materials, features, templates, and workflows within the App.

  • "Software": The licensed application (HomeAxis).

2. ACCEPTANCE & MODIFICATIONS

By using the App, you agree to this Agreement and any referenced policies, including our Privacy Policy. HomeAxis reserves the right to modify this Agreement at any time. Continued use constitutes acceptance of the modified terms.

3. LICENSE GRANT & RESTRICTIONS

3.1 License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to use HomeAxis solely for your real estate business or personal use, subject to this Agreement.

3.2 Restrictions

You may not:

  • Modify, distribute, sublicense, or resell the Software.

  • Reverse engineer, decompile, or extract source code.

  • Share or assign your license.

  • Use HomeAxis for any unlawful, unauthorized, or competitive purpose.

  • Benchmark, clone, or monitor HomeAxis to create competing services.

Violation may result in suspension, termination, or legal action.

4. ACCOUNT & SECURITY

You must provide accurate registration information and maintain the confidentiality of your credentials. You are responsible for all activity under your account.

5. APP SERVICES & RESPONSIBILITY DISCLAIMER

HomeAxis provides tools for transaction management, workflow customization, automated task tracking, and communication.

  • You are responsible for customizing templates and workflows to meet your business needs and professional/legal standards.

  • HomeAxis does not provide legal, real estate, tax, or financial advice.

  • No feature constitutes compliance advice. You assume all liability for how you use the platform.

  • Users are solely responsible for ensuring their use of HomeAxis complies with all applicable local, state, and national laws, including but not limited to real estate licensing, MLS regulations, contract deadlines, data privacy laws, and anti-spam compliance (e.g., TCPA, CAN-SPAM).

6. PROHIBITED USE & COMPETITIVE RESTRICTIONS

  • You may not misuse or exploit any part of HomeAxis for commercial gain or replication.

  • You agree not to attempt to recreate, reverse engineer, or copy the HomeAxis system, features, or architecture.

  • Monitoring for competitive research or benchmarking is strictly prohibited.

7. PAYMENTS, SUBSCRIPTIONS, & REFUNDS

  • HomeAxis offers recurring subscription plans.

  • Fees are non-refundable once charged unless required by law. Cancellation begins at the end of your current billing cycle.

  • Payments are processed via third-party platforms (e.g., Apple, Google, RevenueCat). We are not liable for third-party processor issues.

  • Subscriptions auto-renew unless canceled in your account settings before the next billing cycle.

8. TERMINATION

We may suspend or terminate your account without notice if you violate this Agreement. Upon termination:

  • Your license is revoked.

  • You must cease all use and delete the App.

  • Subscription access ends at the end of the current billing cycle (no refunds).

9. INTELLECTUAL PROPERTY & FEEDBACK

  • All rights, title, and interest in HomeAxis, including code, trademarks, templates, features, workflows, and visual logic, belong to Diamond Hill Ventures LLC.

  • The structure, sequencing, templates, automations, and proprietary workflows within the App are protected trade secrets of Diamond Hill Ventures LLC. Any attempt to replicate, deconstruct, or derive derivative works from these elements constitutes misappropriation.

  • You retain rights to content you submit but grant us a license to use it to operate and improve the platform.

  • All feedback, feature requests, or business suggestions submitted to HomeAxis shall be considered non-confidential and become the exclusive intellectual property of Diamond Hill Ventures LLC, without restriction or obligation to the submitter.

  • Nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between you and the Company.

10. DATA COLLECTION & PRIVACY

Use of HomeAxis is governed by our Privacy Policy. We may collect:

  • Account details (e.g., name, email, phone numbers)

  • Transaction and workflow data

  • Device info and usage analytics

  • Location (if explicitly granted)

We may integrate with third-party tools (e.g., Firebase, Google Analytics, App/Play Stores, Twilio, Stripe, RevenueCat). We are not responsible for their data handling practices.

11. DISCLAIMERS & WARRANTIES

HomeAxis is provided "AS IS" and "AS AVAILABLE."

  • We make no guarantees of availability, fitness for a particular purpose, or performance.

  • You assume all risk in using the App. We do not warrant that the App is error-free or suitable for all users.

12. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

  • We are not liable for indirect, incidental, or consequential damages.

  • Total liability is limited to the amount you paid in the 12 months before any claim.

  • We are not responsible for business loss, data loss, reputation damage, or client outcomes.

  • Any claim or cause of action arising out of or related to use of the App must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

13. INDEMNIFICATION

You agree to indemnify and hold harmless HomeAxis, Diamond Hill Ventures LLC, and affiliates from any claim, loss, liability, or expense related to your:

  • Use of the App

  • Violation of laws or regulations

  • Breach of this Agreement

  • Uploading or transmitting third-party data without authorization

  • Use of HomeAxis to send text or email communications in violation of any law or regulation

14. GOVERNING LAW & DISPUTE RESOLUTION

  • This Agreement is governed by the laws of the State of Rhode Island, USA.

  • All disputes shall be resolved through binding arbitration via the American Arbitration Association (AAA) in Rhode Island.

  • You waive any right to participate in class actions.

15. SEVERABILITY

If any provision of this Agreement is found invalid or unenforceable, the rest remains in effect.

16. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and HomeAxis and supersedes all prior agreements.

17. FORCE MAJEURE

HomeAxis shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, internet or hosting outages, third-party service disruptions, government actions, or civil disturbances.

18. CONTACT US

For any questions:
Email: support@homeaxispro.com
Mailing Address: Diamond Hill Ventures LLC, PO Box 31, Cumberland, RI 02864

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