Hometello

Hometello Terms of Service

Effective October 17, 2026 · Version 2026-10-17

The short version

  • This box is a plain-language summary to help you find the key points. It is not the full agreement. The full Terms below control.
  • Hometello is a planning and reminder tool. It doesn't inspect your home, and it doesn't do, supervise or guarantee any work. You decide whether, when and how each task is done, and by whom (Sections 5 and 6).
  • Guidance is general information, not professional advice. Care labels, product labels, manufacturer manuals and local codes come first. Gas, electrical, roof, structural and similar work belongs with a qualified professional (Section 6).
  • You take on the risks of the work you choose to do or arrange. Examples include clothing damaged in the laundry, surfaces damaged by cleaners, appliance or water damage, and injury from ladders or tools. To the fullest extent the law allows, we aren't responsible for those losses, including when Guidance turns out to be incomplete or wrong, and our total liability is limited (Sections 7, 21 and 22).
  • An AI model writes manual suggestions automatically, and we don't review them. Reminders and calendar entries can be late or missed. Check the manual yourself, and don't rely on Hometello for safety-critical timing, such as testing smoke and CO alarms (Sections 8 and 10).
  • Your home history report shows only what your household recorded. It isn't an inspection, and it isn't a promise to any buyer, insurer or anyone else (Section 11).
  • Your subscription renews automatically every month until you cancel, which you can do online at any time. You pay the price shown when you subscribe, plus tax, and we won't raise that price unless you agree first. You keep access through the period you've paid for. There are no refunds or credits for partial periods, except where the law requires them (Section 12).
  • Disputes go to individual arbitration, not class actions or jury trials, except for small claims. You can opt out within 30 days by emailing support@hometello.com or writing to us (Section 25.10).

Important notice about arbitration

PLEASE READ THESE TERMS CAREFULLY. SECTION 25 CONTAINS AN AGREEMENT TO ARBITRATE. EXCEPT FOR INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT AND THE OTHER LIMITED EXCEPTIONS IN SECTION 25.3, YOU AND Hometello AGREE TO RESOLVE ALL DISPUTES BETWEEN US BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT IN COURT.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND Hometello EACH GIVE UP THE RIGHT TO A JURY TRIAL. YOU AND Hometello EACH ALSO GIVE UP THE RIGHT TO BRING OR TAKE PART IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

YOU CAN OPT OUT OF ARBITRATION WITHIN 30 DAYS AFTER YOU FIRST ACCEPT THESE TERMS BY EMAILING support@hometello.com OR WRITING TO US AT [mailing address to be added before launch], AS EXPLAINED IN SECTION 25.10. IF YOU OPT OUT, SECTION 25, INCLUDING THESE WAIVERS, DOES NOT APPLY TO YOU.

These Terms also say three other things you should know. First, Hometello is a planning and reminder tool, not a professional service, and its guidance is general information, not professional advice (Sections 5 and 6). Second, you take on the risks of the home-care work you choose to do or arrange. To the fullest extent permitted by law, we are not responsible for damage to clothing, surfaces and other belongings from methods you choose, even if our guidance was wrong (Section 7). Third, we disclaim warranties and limit our liability to the fullest extent permitted by law (Sections 21 and 22). Please read those sections closely.

1. Agreement to these Terms

1.1 These Terms of Service (“Terms”) are a legal agreement between you and Hometello (“we,” “us,” or “our”), whose mailing address is [mailing address to be added before launch]. They cover your use of Hometello: our website, web app, plan preview, emails, calendar feeds, shared report pages and related features (together, the “Service”). These Terms take effect on October 17, 2026.

1.2 How you accept. To create an account, you check a box agreeing to these Terms, including the agreement to arbitrate in Section 25, and then select Create account. By creating an account, you also confirm that you meet the requirements in Section 2, including that you are 18 or older and live in the United States. A person invited to join a home needs their own Hometello account and accepts these Terms when creating it. We may also ask you to accept these Terms, or an updated version, at other times, for example when you join a home, when you subscribe or when you next sign in. When we do, you accept by checking the box and continuing.

When you subscribe, we show you the key terms of automatic renewal next to the button you use to subscribe, and we ask you to agree to them by checking a box before we send you to our payment processor's checkout page.

You can use the plan preview without an account. Sections 5 through 7 explain what the preview and its Guidance are and aren't. You agree to the rest of these Terms only when you create an account.

1.3 Privacy. Our Privacy Policy explains how we collect, use and share personal information, including the support access described in Section 18. Please read it.

1.4 Other terms. We may show you additional terms for a specific feature or at checkout. Those terms also apply. If they conflict with these Terms, they control for that feature. The one exception is Section 25 (Dispute resolution and arbitration), which controls over any other terms unless those terms expressly say they replace it.

1.5 Some words we use:

  • “Owner” means the person who sets up a home in the Service, answers the questions about it and manages its subscription.
  • “Member” means a person who joins a home's plan by accepting an Owner's invitation.
  • “Household” means an Owner and that Owner's Members.
  • “Guidance” means any home-care information in the Service. That includes any task, step, checklist, tool list, tip (including “Good to know”), safety note, “when to call a pro” note, interval, frequency, time or difficulty estimate, seasonal suggestion, manual suggestion, part information and linked resource.
  • “Your Content” means information you or your Household put into the Service. Examples are answers about your home, notes, names, appliance, device and part details, and links.

1.6 If you don't agree to these Terms, don't use the Service.

2. Who can use Hometello

2.1 You may use the Service only if all of the following are true:

  • You are at least 18 years old and able to form a binding contract.
  • You live in the United States.
  • You use the Service for a home in the United States that you live in or own, or, as a Member, a home whose Owner invited you, for personal, family or household purposes.
  • No law bars you from using the Service.
  • We have not previously suspended or terminated your account for breaking these Terms.

2.2 Not for children. The Service is not directed to children. Don't create an account for anyone under 18, and don't invite anyone under 18 to a Household. If we learn that an account belongs to someone under 18, we will close it. If we learn that we have collected personal information from a child under 13, we will also delete that information.

2.3 Personal use only. You may not use the Service as part of a business, such as property management or a home-services business, unless we agree in writing.

2.4 United States only. We offer the Service only in the United States. If you access it from anywhere else, you do so on your own initiative and you are responsible for complying with local law. We may refuse or end service.

2.5 Which homes we support. The plan preview asks questions about your home and your situation. We decide which homes, answers and choices the Service supports, and we may decline to create a plan or to renew one at the end of a paid period. Your answers are your own statements. We don't verify them, and you are responsible for keeping them accurate.

3. Your account and security

3.1 Use an email address that you control and can receive mail at. We use it to sign you in and to send you service, billing and legal notices. You can't change your email address in the app today. To update it, or if you lose access to it, contact us at support@hometello.com.

3.2 Keep your password secret and don't share your account. Each person needs their own account. To share a plan, use Household invitations (Section 4). You are responsible for activity under your account, except activity caused by our failure to protect the Service, and activity after you tell us your account was compromised. If you think someone has used your account without permission, tell us promptly at support@hometello.com.

3.3 Private links. Some features use private links that work for anyone who has them, without signing in. Your calendar feed link and history report links are examples. Treat them like passwords:

  • Anyone with your calendar link can see your task names and dates.
  • Anyone with a report link can see that report.
  • You can turn off or replace your calendar link, and turn off a report link, at any time.
  • You are responsible for where you paste, send or post these links.

3.4 We may ask you to confirm your email address or verify your identity before you use the Service or certain features.

4. Households: Owners and Members

4.1 Owners and Members. Each subscription covers one home and its Household. The Owner can invite other people to join as Members, up to the number the Service allows. Today that limit is five people besides the Owner, counting pending invitations. Only the Owner can:

  • change the answers about the home;
  • manage appliances, devices and parts;
  • manage billing;
  • invite or remove Members;
  • share a history report; and
  • grant support access.

4.2 Inviting people. Invite only adults (18 or older) who live with you or help care for your home. By sending an invitation, you confirm that the person agreed to let you give us their email address so we can email them the invitation. The invitation email shows your display name. If you haven't set one, it shows the part of your email address before the “@”. Each invitation works once and expires after 7 days.

4.3 Members agree to these Terms. Every Member must accept these Terms and is personally responsible for following them. A Member's access depends on the Owner:

  • It ends if the Owner removes the Member or the Member leaves.
  • It becomes read-only if the Owner's paid access ends.
  • If the Owner's account or home is deleted, Members lose access to the home and its records.

4.4 What Members can see and do. Members can see:

  • the home's plan, tasks and Guidance;
  • the answers the Owner gave about the home;
  • the completion records and notes that anyone in the Household has saved, with the name of the person who recorded each one; and
  • the home's appliance, device, part and reorder-link information.

Members can record completed work, correct or undo work they recorded themselves, add notes, set up their own calendar feed and choose to receive copies of reminder emails. Members see other Household members' names but not their email addresses. The Owner can see Members' email addresses.

4.5 Records stay with the home. Work and notes that Members record become part of the home's history. The Owner controls that history, and it stays with the home after a Member leaves, where it is shown as recorded by a former member. The Owner may share a history report that summarizes it. Section 11.1 lists what the report includes; it leaves out notes, names and email addresses. If the Owner's account is deleted, the home's history is deleted too, including records and notes that Members saved. Notes are visible to everyone in the Household. Right now, you can't edit or delete a note after you save it, so don't include anything you wouldn't want your Household to see.

4.6 Owner responsibility. The Owner is responsible for choosing whom to invite and for removing anyone who should no longer have access. Each Member is responsible for their own use of the Service. Disagreements among Household members are between them, and we aren't responsible for resolving them.

5. What Hometello is, and what it isn't

5.1 What it does. Hometello helps you plan and keep track of home care. Based on the answers you give, it builds a plan, and you can add to it. Your plan can include three kinds of tasks:

  • home maintenance tasks from our catalog, with intervals drawn from the published sources cited with each task;
  • maintenance tasks you add from manual suggestions (Section 8), with the interval you accept or set; and
  • housekeeping and yard routines that you choose, at a frequency you choose.

The Service also shows step-by-step Guidance, sends reminders and offers an optional calendar feed. It lets you keep records of appliances, devices, parts and completed work, and it lets an Owner share a history report.

5.2 What it isn't. Hometello is a planning and reminder tool. It is not a professional, inspection, repair, maintenance, cleaning, contracting, home warranty, insurance or advisory service. We do not:

  • inspect, test, diagnose or assess your home, systems, appliances, materials or belongings;
  • perform, supervise or approve any work, or book or send anyone to do it;
  • recommend or vouch for any contractor or professional;
  • know the condition, age, make, installation or history of your home or anything in it, except what you tell us;
  • guarantee safety, results, or compliance with any code, law, warranty or insurance requirement;
  • prevent equipment failure, damage, injury or loss; or
  • cover everything your home needs.

5.3 Your plan has limits. Your plan depends on your answers and on the tasks we currently cover. If an answer is wrong, or if you choose “Not sure,” related tasks may be left off your plan. If a task isn't on your plan, that doesn't mean your home doesn't need it.

5.4 Not for emergencies. Hometello is not an emergency, monitoring or alarm service. In an emergency, get to safety and call 911, your utility or the right professional right away. Emergencies include smelling gas, seeing smoke or fire, hearing a carbon monoxide or smoke alarm, or having a water leak you can't control.

5.5 Keep your own records. Records in the Service are a convenience. They don't replace the records you may need for warranties, insurance, taxes or a sale. Keep your own copies of receipts, manuals and service records. We don't promise to store your information indefinitely.

6. Guidance is general information, not professional advice

6.1 General information only. Guidance is general information we provide for your convenience. It is written without knowledge of your home, its systems and materials, your appliances and belongings, your skills and health, or local conditions. No one reviews Guidance for your particular home. Using the Service doesn't create a professional, advisory or fiduciary relationship between you and us. Guidance is not professional advice of any kind, including:

  • technical or engineering advice;
  • electrical, plumbing, gas, HVAC, roofing or structural advice;
  • pest-control, pool, cleaning or textile-care advice;
  • medical or food-safety advice; or
  • legal, insurance or real estate advice.

6.2 Labels, manuals and codes come first. Always read and follow:

  • the care labels on clothing and textiles;
  • the labels and instructions on cleaning products, chemicals and tools;
  • the manufacturer's manual, instructions and warranty terms for your equipment; and
  • the building, fire, electrical, plumbing and other codes, permit rules and association rules that apply to your home.

If Guidance differs from any of them, they control. Stop and follow them instead.

6.3 You decide, and you're responsible. You alone decide whether any task is done, and when, how and by whom. You also choose the products, tools, materials and helpers to use. You are responsible for those decisions, and for choosing and supervising anyone you hire. We don't perform, supervise, inspect or approve any work. A task marked done, a reminder or a record in the Service doesn't mean the work was done, or done correctly.

6.4 Use a qualified professional. Whether work legally requires a licensed professional or a permit depends on where you live, and it is up to you to find out. Stop and hire a qualified professional before you:

  • work on, disconnect or move any gas appliance, gas line or gas connector, or anything involving venting, combustion or carbon monoxide;
  • open or work inside electrical boxes, outlets, switches or panels, or take down or replace a hardwired smoke or carbon monoxide alarm;
  • open or service refrigerant lines or other sealed systems;
  • go onto a roof, or climb a ladder above first-story height;
  • do structural or chimney work;
  • adjust or service a water heater beyond what its manual says an owner may do;
  • handle pool or spa chemicals or equipment, if you are unsure about any step or product;
  • disturb suspected lead paint, asbestos or mold; or
  • do anything that Guidance, a manual or a product label says needs a professional or technician.

For owner checks that the manufacturer's manual tells you to do yourself, such as pressing a test button or changing a filter, follow the manual. For anything you're not sure you can do safely and correctly, use a qualified professional. A “when to call a pro” note or a technician label is a reminder. It is not a complete list of when you need a professional.

6.5 Test first. Before you use a cleaning, stain-removal or laundry method on anything you care about, test it on a small, hidden area. Read the product's label and warnings first.

6.6 Intervals and estimates are general.

  • Maintenance intervals: for catalog tasks, the interval comes from the published sources we cite. It may be simplified, and it may differ from what your equipment's manufacturer recommends. For tasks added from manual suggestions, the interval is the one extracted automatically or the one you chose. Either way, follow the manufacturer.
  • Routine frequencies: for housekeeping and yard routines, the frequency is your preference, not our recommendation. A manufacturer or public health agency may advise a different frequency.
  • Time and difficulty estimates are rough.
  • Following any interval, frequency or estimate doesn't guarantee any result. It doesn't prevent failures, and it doesn't keep any warranty in effect.
  • Doing some work yourself may affect a manufacturer's warranty, a home warranty or your insurance. Check those terms before you start.

6.7 Guidance can be wrong. It may contain errors or omissions, be out of date, contradict itself or its sources, or not fit your situation. Before we publish catalog Guidance, we have it checked by a reviewer we choose. That check covers the general content only. It isn't a review for your home, and it doesn't make Guidance complete, current or error-free. Content labeled “not reviewed” or “test” hasn't had even that check. We may update, pause or remove any Guidance at any time, for example while we review a task.

6.8 Third-party sources. Guidance may cite or link to third-party sources such as government agencies, manufacturers and publishers. We don't control those sources or endorse everything they say. A “Checked” date shows only when we last looked at a source. It doesn't mean the source is still accurate or current.

6.9 Health and food information. Some tips touch on health, allergens, food storage or food safety. Those tips are general and are not medical or food-safety advice. Follow product labels and official guidance, and ask a qualified professional about any health concern.

7. Assumption of risk

7.1 Home care has real risks. Maintenance, cleaning, laundry, yard work and appliance care can cause property damage, illness, injury or death. That can happen even when the work is done carefully and even when you follow Guidance. Examples include:

  • Laundry and fabric care: shrinking, stretching, fading, color bleeding, dye transfer, pilling or other damage to clothing, bedding, towels and other textiles. This includes damage to wool, silk, down, flame-resistant, water-repellent and other specialty items.
  • Cleaning products and methods: etching, scratching, staining, discoloration or other damage to surfaces and finishes, including stone, wood, laminate, stainless steel, paint, grout and coatings.
  • Chemicals: toxic fumes from mixing products (for example, bleach with ammonia or with acidic cleaners), chemical burns, and harm to people and pets from fumes, including birds.
  • Appliances and equipment: damage, malfunction, shorter life or a voided warranty from cleaning, adjusting, moving or servicing equipment, or from installing the wrong part.
  • Water: leaks, flooding and mold from plumbing, drains, appliances or condensate lines.
  • Heights and tools: falls from ladders, step stools or roofs, and injuries from power tools, mowers, trimmers, edgers, blowers and pressure washers.
  • Electricity, gas, heat and fire: electric shock, burns, scalding, fire, explosion and carbon monoxide exposure.
  • Food: illness from decisions about storing, keeping or throwing away food.
  • Missed work: damage, failure or injury from not doing, postponing or skipping a task, or from a frequency or date you chose.

7.2 YOU ACCEPT THESE RISKS. YOU DECIDE WHETHER TO DO, DELAY, SKIP OR ARRANGE EACH TASK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU VOLUNTARILY ACCEPT ALL RISKS OF THOSE CHOICES, INCLUDING THE RISKS OF FOLLOWING OR NOT FOLLOWING GUIDANCE. THIS INCLUDES RISKS THAT ARISE BECAUSE GUIDANCE IS INCOMPLETE, UNCLEAR OR WRONG. YOU ARE ALSO RESPONSIBLE FOR THE SAFETY OF OTHER PEOPLE AND PETS AT YOUR HOME DURING WORK YOU DO OR ARRANGE.

7.3 LAUNDRY, CLEANING AND BELONGINGS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR DAMAGE TO CLOTHING, LINENS, TEXTILES, FURNITURE, SURFACES, FINISHES, APPLIANCES OR OTHER BELONGINGS THAT RESULTS FROM A LAUNDRY, STAIN-REMOVAL, CLEANING, STORAGE OR CARE METHOD YOU CHOOSE TO USE, EVEN IF THE SERVICE DESCRIBED THAT METHOD, AND EVEN IF THAT GUIDANCE WAS INCOMPLETE OR WRONG BECAUSE OF OUR NEGLIGENCE. THE CARE LABEL, PRODUCT LABEL OR MANUFACTURER'S INSTRUCTIONS ARE THE AUTHORITY FOR EACH ITEM. SECTIONS 7.4 AND 22.4 LIMIT THIS SECTION.

7.4 Limits of this section. Sections 7.2 and 7.3 don't limit our liability for anything listed in Section 22.4, such as our fraud, gross negligence or willful misconduct, or any liability that cannot be limited under applicable law.

8. Manual suggestions made with automated tools

8.1 How it works. When you add an appliance or device with its brand and model, the Service automatically searches the web for the manufacturer's manual. You choose whether a document it finds is the right one, or you can add a link yourself. A third-party artificial intelligence (AI) model then reads a confirmed manual for that type, brand and model and writes short care suggestions in its own words. The manual it reads may be the one your household confirmed or one another customer confirmed (Section 8.5). Each suggestion has an interval, a page reference where one is available, and a note if a technician or a part is involved. The Service labels these suggestions as not reviewed by Hometello. Nothing is added to your plan unless you choose to add it.

8.2 Suggestions can be wrong. We do not review these suggestions. AI and automated search can make mistakes. They can:

  • misread a document;
  • miss steps or warnings;
  • paraphrase in a way that changes the meaning;
  • attach the wrong interval, page or part number; or
  • match a manual for a different model, version or region.

A suggestion is not the manual and does not replace it.

8.3 Check before you rely on one. Before you add a suggestion to your plan or act on it, check it against the manufacturer's manual for your exact model. If you add a suggestion or change its interval, that is your decision and your responsibility.

8.4 Technician labels are automated. The Service tries to label gas, electrical, refrigerant and sealed-system items as technician work. That labeling is automated and can miss items. Whatever the label says, treat any work of those kinds as work for a qualified professional.

8.5 Shared results. To make lookups faster, we store search results, candidate documents, links customers add, and suggestions, and we may show them to other customers who add the same type, brand and model. So the documents offered to you may include a link another customer added, and the suggestions you see may come from a manual another customer confirmed, which may not match your exact model, version or region. Manuals and manufacturers' websites belong to their owners, and we don't control them.

8.6 We may limit how many lookups a home can run, and we may change or stop this feature at any time.

10. Reminders, calendar feed and alerts

10.1 What we send. While a home has paid access, the Service may send these emails:

  • A reminder email, at most once a week, when scheduled work is ready.
  • A seasonal check-up email, at most once a season, when seasonal suggestions are available for your home.

Reminder emails are on by default for Owners. An Owner can turn them off in Settings or with the unsubscribe link. Members can choose to receive copies. If the Owner turns reminders off, the Household stops receiving them. You can also add a calendar feed, and we may offer optional phone alerts.

10.2 Delivery is not guaranteed.

  • Reminders, calendar entries and alerts may be late, filtered as spam, blocked, lost or not sent. An outage at our email provider or yours is one example of how that can happen.
  • If we can't confirm whether a reminder went out, we may treat it as sent and not send it again.
  • We may calculate dates in a time zone other than yours, so a reminder or date may be off by a day.
  • The calendar feed is designed to update about twice a day, but your calendar app decides when to refresh it.
  • Reminder and seasonal emails stop when paid access ends, when reminders are turned off or you unsubscribe, or when we stop sending to your address after a bounce or spam complaint. The calendar feed becomes empty when paid access ends.

10.3 Don't rely on us for safety-critical timing. You remain responsible for safety-related upkeep on the schedule that manufacturers and the law require, whether or not you get a reminder. That includes, for example:

  • testing smoke and carbon monoxide alarms;
  • replacing alarm batteries, and replacing alarms when they expire;
  • cleaning the dryer lint filter and vent; and
  • having fuel-burning appliances serviced.

10.4 A reminder isn't a record of work. An email, alert or calendar entry doesn't mean work was done, or done correctly. Selecting “Mark done” in an email opens your plan so you can confirm. Nothing is recorded until you confirm.

10.5 Your choices. You can move dates, pause routines, skip optional steps, change frequencies and turn reminders off. Those choices, and their consequences, are yours.

11. Home history report

11.1 What it is. While a home has paid access, the Owner can create a private link to a history report. The report summarizes what the Household recorded in the Service:

  • appliances and devices: type, brand, model and manual links;
  • care tasks, how often they are planned, when they were last done and how many times they were done; and
  • parts.

The report leaves out notes, Members' names and email addresses. Anyone with the link can view the report without signing in. A link lasts 30 days unless the Owner turns it off sooner, and it stops working if the home's paid access ends. The report is built from current records each time someone opens it, so it can change after you share it.

11.2 What it isn't. The report summarizes entries the Household made, and we don't verify any of them. It is not:

  • an inspection, appraisal or survey;
  • a disclosure statement or certification;
  • a warranty or guarantee; or
  • a statement or promise by Hometello about the home, its condition, its systems or how it has been maintained.

The report may include manual information labeled as not reviewed by Hometello.

11.3 Your responsibility. The Owner alone decides whether to share the report and with whom. The Owner is responsible for the accuracy and completeness of what the Household recorded. You might share the report in a sale, rental, refinancing, insurance claim or other transaction. If you do, you remain responsible for any disclosures the law or your contract requires, and the report doesn't replace them. Don't alter the report or describe it as anything other than a self-recorded summary. Tell anyone you share it with that the household recorded it themselves.

11.4 No reliance by others. We provide the report to the Owner only. Others may see it, such as a buyer, agent, inspector, lender or insurer. We owe those people no duty and make them no promise, and none of them is a third-party beneficiary of these Terms. Anyone who receives a report should rely on their own inspection and on the disclosures the law requires.

11.5 Once shared, out of our control. We can't control copies, printouts, screenshots or forwarded links. Turning off a link stops it from opening the report. It doesn't recover copies someone has already made.

12. Subscription, billing, renewal and cancellation

12.1 Preview and paid plan. You can preview a plan without an account, and creating an account is free. Full use of a plan requires a paid subscription. That includes step-by-step Guidance, reminders, seasonal check-ups when seasonal suggestions are available for your home, the calendar feed and history reports. A subscription covers one home and its Household. Only the Owner pays for and manages the subscription. Members don't pay.

12.2 Price and taxes. You agree to pay the price shown when you subscribe, plus any applicable taxes. Taxes may be calculated and added at checkout. Prices are in US dollars. If the checkout page shows an amount in another currency, you will be charged the amount and currency shown there. You are responsible for any conversion or foreign transaction fees your bank or card issuer charges.

12.3 Automatic renewal. These are the key terms of your subscription:

  • It starts when your first payment is accepted. It is billed monthly, in advance, starting on the day you subscribe.
  • It renews automatically every month until you cancel. We will charge your payment method on or about the same day each month.
  • Each renewal is charged at your subscription's recurring price, which is the price shown when you subscribe, plus applicable taxes. We won't raise that price unless you agree first (Section 12.7).
  • There is no minimum term and no minimum purchase. You can cancel at any time.
  • When you cancel, you won't be charged again, and you keep paid access through the end of the period you've already paid for.

12.4 Payment authorization and processing. By subscribing, you authorize us and our payment processor, Stripe, to charge your payment method for each renewal until you cancel. You enter your payment details on Stripe's pages, and we don't receive or store your full card number. Stripe's own terms and privacy policy apply to the information you give it. Depending on how our payment account is set up, Stripe or one of its affiliates may act as the seller or reseller of record for your purchase. If so, its name may appear on your statement and receipts, and its buyer terms also apply to your purchase, including how it handles taxes, refunds and payment disputes. Keep your payment details current through the billing portal.

12.5 How to cancel. The Owner can cancel online at any time: go to Settings, select Cancel subscription, and follow the steps in our payment processor's billing portal. The Owner can also cancel by emailing support@hometello.com or writing to us at [mailing address to be added before launch]. Include your name and your account email address, and say that you want to cancel. A cancellation you send us takes effect on the day we receive it: you won't be charged again, and you keep paid access through the end of the period you've already paid for. We will confirm the cancellation by email. Stopping use of the Service or unsubscribing from reminder emails does not cancel your subscription.

12.6 After your paid period ends. When paid access ends, the home's plan becomes read-only for the Owner and for Members. Your recorded history stays viewable, but the following stop working:

  • scheduling;
  • reminders and seasonal check-ups;
  • step-by-step Guidance;
  • the calendar feed, which becomes empty; and
  • history report links.

We keep and delete information as described in our Privacy Policy, and we don't promise to keep it indefinitely. If you subscribe again, the price and terms shown at that time apply.

12.7 Price changes. We won't raise the recurring price of your existing subscription unless you agree to the new price first. If we ask and you don't agree, your subscription continues at your current price, or we may end it at the end of a paid period after giving you at least 30 days' notice by email. Either way, you won't be charged a higher price you didn't agree to. A change to the price we offer new customers doesn't change your price.

12.8 Failed payments. If a renewal payment fails, we or our payment processor may try the charge again. You keep paid access through the end of the period you have already paid for. After that, paid features stop until a payment succeeds. We may end your subscription if the amount remains unpaid.

12.9 Refunds. We don't provide refunds or credits for partial subscription periods or unused features, except where required by law. This section doesn't limit any rights you have under a seller of record's buyer terms described in Section 12.4. If you think you were charged by mistake, contact us at support@hometello.com and we will look into it.

12.10 Payment disputes. If you have a problem with a charge, please contact us first so we can try to fix it. This doesn't limit any rights you have with your bank or card issuer. While a payment dispute is open, we may suspend paid features for the home.

13. Acceptable use

You agree not to:

  • use the Service for any home or purpose that Section 2 doesn't allow;
  • break any law or violate anyone's rights;
  • use the Service to harass, threaten or harm anyone;
  • give us false information about yourself;
  • create records you know are false in order to mislead others, such as a buyer or insurer;
  • invite people without their permission, or use invitations to send unwanted messages;
  • access or try to access accounts, plans or data that aren't yours, or share your login;
  • probe, scan or test the Service's security;
  • bypass any security measure, rate limit, payment step or access control;
  • scrape, crawl or copy the Service or its content by automated means;
  • use the Service to build a competing product, or to train artificial intelligence or machine-learning models;
  • copy, modify, distribute, sell or resell the Service or Guidance (printing or saving your own plan and reports for personal use is fine);
  • reverse engineer or decompile the Service, except where the law expressly allows it;
  • upload or link to malware, phishing or illegal content, or to content you don't have the right to share;
  • interfere with or overload the Service;
  • use the Service in a way that could harm us, other users or third parties; or
  • help anyone else do any of these things.

14. Your Content

14.1 You own Your Content. As between you and us, you keep whatever rights you have in Your Content.

14.2 The license you give us. You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display and format Your Content. We may use this license only to operate, provide, maintain, secure, support and improve the Service. That includes:

  • showing Your Content to your Household;
  • including it in calendar feeds and reports that you or your Household create;
  • sending it to service providers that help us run the Service; and
  • complying with law.

If you add a link to a manufacturer's website or manual for an appliance or device, you also allow us to show that link to other customers with the same type, brand and model (Section 8.5). We may sublicense these rights only to service providers acting for us.

This license ends when Your Content is deleted from the Service, with three exceptions:

  • copies that remain in backups or logs;
  • information we keep as described in our Privacy Policy or as the law requires; and
  • content already shared with others, such as your Household, or a calendar app or person you gave a link to.

14.3 Your promises. You promise that:

  • you have the right to provide Your Content;
  • it is accurate to the best of your knowledge;
  • it doesn't break the law or violate anyone's rights; and
  • you have permission to give us any personal information about other people that you include, such as an invitee's email address.

14.4 We don't review Your Content before it is posted. We may remove or disable access to content that we believe breaks these Terms or the law. You are responsible for Your Content, and we aren't responsible for content that other users provide.

15. Feedback

If you send us ideas, suggestions or other feedback, we may use them for any purpose without paying you or owing you anything. Please don't send feedback that you consider confidential.

16. Our intellectual property and your license to use the Service

16.1 Hometello or its licensors own the Service, including its software, Guidance, task catalog, text, designs, graphics and logos, and intellectual property laws protect it. Except for Your Content, we and our licensors keep all rights in the Service.

16.2 Subject to these Terms, we give you a limited license to use the Service for your home as these Terms allow. The license also lets you print or save your own plan and history report for your personal use. It is personal, non-exclusive, non-transferable, non-sublicensable and revocable, and it ends when your access ends.

16.3 We claim the Hometello name and logo as our trademarks. You may not use them without our written permission.

16.4 We reserve all rights that these Terms don't expressly grant.

18. Support access and privacy

18.1 Account basics. Our support staff can see basic account information. Examples are your email address, account dates, billing and subscription status, reminder settings and email delivery records. They use it to provide support, run billing and email, and keep the Service secure. We log these lookups.

18.2 Your plan's contents. Your plan's contents include its tasks, dates, completion history and notes. Our support plan viewer shows them to staff only with the Owner's permission or in an audited emergency, as described below. Copies of an account's data, including plan contents and notes, are made only by the account holder, in Settings or from a one-time link we email to the account's address; our staff don't see them. The people who run our database and hosting can technically access all stored data, including plan contents. They use that access only to operate, secure, back up and repair the Service and to comply with law, not to browse plans, and that access isn't listed under “Access to your plan.”

18.3 With your permission. Support may ask to view your plan to help with an issue. The Owner gets an email and can choose to allow read-only access. That access ends automatically within 72 hours, and the Owner can revoke it sooner. Support can't change your plan or history through this access. Members can't grant access. Each view is recorded, and the most recent 50 views are listed in your plan under “Access to your plan.”

18.4 Emergency access. In rare cases, an authorized administrator may open your plan without asking first. We reserve this for urgent security, legal or safety issues, or a serious service problem affecting your account. Emergency access requires a written reason and lasts no more than 60 minutes. It is logged, recent emergency sessions appear in your plan's access activity, and we will try to notify the Owner by email afterward.

18.5 Our Privacy Policy gives more detail about these practices, the service providers we use and your choices.

19. Ending your use; suspension and termination

19.1 You can stop using the Service at any time. To stop future charges, cancel your subscription (Section 12.5). A Member can leave a Household at any time.

19.2 Deleting your account. You can delete your account in the Service: open Settings, then Your account, and choose Delete account. If you can't sign in, email support@hometello.com from your account email address, or write to us at [mailing address to be added before launch] and include your name and account email address. We will then email a one-time link to your account email address, and we act only once you confirm the request there. If your subscription is active, deleting your account cancels it first. You choose when the deletion happens: at the end of your paid period, keeping access until then; or right away, which ends your subscription that day with no refund or credit for the rest of the period, except where required by law. Until a deletion at the end of your paid period happens, you can cancel it in Settings, and renewing your subscription cancels it. Deleting an Owner's account deletes the home and its records, including work and notes that Members recorded. We email Members before that happens, and they then lose access to that home. We will email you when deletion is complete. We may keep some information as described in our Privacy Policy, and our payment processor keeps its own records.

19.3 Our right to suspend or terminate. We may suspend or end your access to all or part of the Service, or close your account, in any of these cases:

  • we reasonably believe you have broken these Terms;
  • we reasonably believe your account or your use of the Service is a security risk to the Service, to other users or to anyone else;
  • we reasonably believe a payment was fraudulent or not made;
  • the law requires it; or
  • we stop offering the Service, as described in Section 19.4.

Where reasonable and lawful, we will tell you first. If we end your subscription for any reason other than your breach of these Terms, a payment problem, fraud, a security risk or a legal requirement, we will stop future charges and keep your paid features available through the end of the period you've already paid for. If we close your account because you broke these Terms, you are not entitled to a refund, except where required by law.

19.4 If we stop offering the Service. We may discontinue the Service or any part of it; Section 20.1 covers changes to features. If we discontinue the whole Service, we will give you at least 30 days' notice, stop renewals, and keep the Service available through the end of your current paid period.

19.5 Effect. When your access ends, your license to use the Service ends. The sections listed in Section 29.7 survive.

20. Changes to the Service and to these Terms

20.1 Changes to the Service. We may add, change, pause or remove features, tasks, Guidance, seasonal suggestions and integrations at any time. If a change materially reduces the core features of your paid subscription, we will email you at least 30 days before it takes effect, or as soon as we reasonably can if a legal, security or safety reason requires the change sooner. The email will say how to cancel.

20.2 Changes to these Terms. We may update these Terms. The effective date in Section 1.1 shows which version applies. For a material change, we will notify you at least 30 days before it takes effect, unless the law requires the change sooner. We will notify you by email to your account address or in the Service. Changes take effect on the stated date and apply only going forward. A change does not apply to any dispute that arose before the change took effect, or that either party had sent notice of before then.

20.3 Accepting changes. We may ask you to accept updated Terms, for example when you next sign in. If we don't ask, continuing to use the Service after a change takes effect means you accept it, to the extent the law allows. Continuing to use the Service doesn't by itself mean you accept a change to Section 25 or to your price: Section 12.7 covers price changes, and Section 25.13 covers changes to Section 25. If you don't agree to a change, stop using the Service and cancel your subscription before the change takes effect.

21. Disclaimer of warranties

21.1 THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. THIS INCLUDES ALL GUIDANCE, PLANS, SCHEDULES, REMINDERS, CALENDAR FEEDS, ALERTS, MANUAL SUGGESTIONS, PART INFORMATION, LINKS AND REPORTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Hometello DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY. THIS INCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

21.2 WITHOUT LIMITING SECTION 21.1, WE DO NOT WARRANT THAT: (A) ANY GUIDANCE IS ACCURATE, COMPLETE, CURRENT, SAFE, OR SUITABLE FOR YOUR HOME, EQUIPMENT, MATERIALS, CLOTHING OR SITUATION; (B) FOLLOWING ANY GUIDANCE, INTERVAL OR REMINDER WILL PREVENT DAMAGE, FAILURE, INJURY OR LOSS, OR WILL KEEP ANY WARRANTY OR INSURANCE COVERAGE IN EFFECT; (C) MANUAL SUGGESTIONS, MANUAL MATCHES, PART NAMES OR NUMBERS, OR LINKS ARE CORRECT; (D) REMINDERS, CALENDAR ENTRIES OR ALERTS WILL BE DELIVERED ON TIME OR AT ALL; (E) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; OR (F) YOUR DATA WILL NOT BE LOST OR CORRUPTED.

21.3 NO ADVICE OR INFORMATION THAT YOU GET FROM US OR THROUGH THE SERVICE, WHETHER ORAL OR WRITTEN, CREATES ANY WARRANTY THAT THESE TERMS DON'T EXPRESSLY STATE. IF APPLICABLE LAW DOES NOT ALLOW US TO DISCLAIM AN IMPLIED WARRANTY, THAT WARRANTY IS LIMITED TO THE SHORTEST PERIOD AND NARROWEST SCOPE THAT THE LAW ALLOWS.

22. Limitation of liability

22.1 THIS SECTION 22.1 COVERS Hometello AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THEM WILL BE LIABLE TO YOU, OR TO ANYONE CLAIMING THROUGH YOU, FOR ANY OF THE FOLLOWING:

(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. (B) ANY LOSS OF PROFITS, REVENUE, SAVINGS, DATA, USE OR GOODWILL, OR THE COST OF SUBSTITUTE SERVICES. (C) ANY DAMAGE TO OR LOSS OF PROPERTY, ANY PERSONAL INJURY OR ILLNESS, OR ANY COST OF REPAIR OR REPLACEMENT. PROPERTY INCLUDES YOUR HOME, APPLIANCES, EQUIPMENT, SURFACES, CLOTHING AND OTHER BELONGINGS. CLAUSE (C) APPLIES WHERE THE DAMAGE, INJURY OR COST ARISES FROM ANY TASK OR WORK THAT YOU OR ANYONE ELSE PERFORMS, DOES NOT PERFORM OR DELAYS. IT ALSO APPLIES WHERE IT ARISES FROM FOLLOWING OR RELYING ON ANY GUIDANCE, MANUAL SUGGESTION, PART INFORMATION, LINK, REMINDER OR REPORT.

22.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) US $50.

22.3 THE LIMITS IN SECTIONS 22.1 AND 22.2 APPLY TO ALL CLAIMS AND ALL THEORIES OF LIABILITY. THAT INCLUDES CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATION AND STATUTE. THE LIMITS APPLY EVEN IF WE WERE TOLD THE DAMAGES WERE POSSIBLE, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

22.4 What these limits don't cover. Nothing in these Terms excludes or limits our liability for:

  • our fraud or fraudulent misrepresentation;
  • our gross negligence, willful misconduct or intentional harm;
  • death or personal injury caused by our negligence, where applicable law does not allow that liability to be excluded or limited; or
  • any other liability that cannot be excluded or limited under applicable law, including, for California residents, liability that California Civil Code section 1668 does not allow to be limited.

22.5 These limits are an essential part of our agreement. The price of the Service reflects them, and we would not offer the Service without them. They apply to everyone who uses the Service, including Members who don't pay.

23. Your dealings with others

We aren't a party to your dealings with sellers, manufacturers, contractors and other professionals, members of your Household, or anyone you share a report or link with. We aren't responsible for what they do or fail to do, including the quality, safety or legality of their products, work or conduct. This section doesn't affect any claim based on our own acts or omissions.

24. Indemnification

24.1 To the fullest extent permitted by law, you will reimburse Hometello and its owners, officers, employees and agents for losses, damages, settlements made with your consent, and reasonable attorneys' fees that result from a third-party claim, to the extent the claim arises from:

  • Your Content, including links and notes you add and any history report or private link you choose to share;
  • your violation of these Terms or of law; or
  • your intentional misuse of the Service.

24.2 This section doesn't apply to a claim to the extent it arises from our negligence, willful misconduct, fraud or violation of law, or to any claim that a member of your Household brings against us.

24.3 We will tell you promptly about any claim this section covers. We control our own defense, and you may take part with your own lawyer at your own cost. You owe defense costs only for a claim that is finally decided, or settled with your consent, as one this section covers. You won't unreasonably withhold consent to a settlement. You may not settle a claim in a way that imposes any obligation or admission on us without our written consent.

25. Dispute resolution and arbitration

25.1 Informal resolution first. Most issues can be solved quickly by talking to us, so please contact support@hometello.com first. Before either of us starts an arbitration or a small claims case, the party with the claim must send the other a written Notice of Dispute. Send yours to support@hometello.com with the subject line “Notice of Dispute,” or by mail to [mailing address to be added before launch]. We will send ours to the email address on your account. A Notice must include:

  • the claimant's name and account email address;
  • a description of the claim and the facts it is based on;
  • the relief requested, including any amount and how it was calculated; and
  • the claimant's personal signature (or, for us, the signature of an authorized representative), plus the signature of the claimant's lawyer, if the claimant has one. An electronic signature is fine.

If the party receiving a Notice believes it is incomplete, it must say what is missing within 15 days after receiving it. Otherwise, the Notice is treated as complete. For 60 days after a complete Notice is received, we will both try in good faith to resolve the claim informally. If either of us asks, we will meet by phone or video conference for that purpose. The claimant takes part personally, and lawyers may also take part. Neither of us may start arbitration until the 60 days end, unless we both agree in writing. For a small claims case, the claimant only needs to send a Notice and wait 30 days after it is received, and the conference requirement doesn't apply.

All statutes of limitations and filing-fee deadlines are paused (tolled) from the date a Notice is first sent until 60 days after a complete Notice is received. If a party starts an arbitration without following this Section 25.1, the arbitration will be paused, or dismissed without prejudice, until this section is followed. The arbitrator decides whether a party complied with this Section 25.1; in a small claims case, the small claims court decides.

25.2 Agreement to arbitrate. You and Hometello agree to resolve any Claim by binding individual arbitration, except as stated in Section 25.3. A “Claim” is any dispute, claim or controversy between you and us that arises out of or relates to:

  • these Terms;
  • the Service or Guidance;
  • any reminder, report or communication;
  • any purchase or charge; or
  • our privacy or data practices.

This agreement applies to Claims based on any legal theory, including contract, tort, negligence, fraud, misrepresentation and statute. It also applies to Claims that arose before you accepted these Terms, except Claims already filed in court or arbitration before you first accepted them. It also covers Claims against our owners, officers, employees and agents, and against our contractors to the extent the Claim arises from their work on the Service for us. They may enforce this Section 25 for those Claims. These Terms involve interstate commerce, and the Federal Arbitration Act governs this Section 25.

25.3 Exceptions. This agreement to arbitrate has these exceptions:

  • Small claims: either of us may bring an individual Claim in small claims court in the county where you live, or in another small claims court with jurisdiction, as long as the Claim stays in small claims court and proceeds only on an individual basis.
  • Public injunctive relief: requests for public injunctive relief are handled as described in Section 25.8.
  • Government agencies: nothing in this Section 25 prevents you from reporting concerns to a federal, state or local government agency, which may seek relief on your behalf where the law allows.
  • Opt-out: if you opt out under Section 25.10, this agreement to arbitrate doesn't apply to you.

25.4 Who decides. A court decides whether an agreement to arbitrate was formed. The arbitrator decides all other disputes about the interpretation, applicability, scope or enforceability of this agreement to arbitrate, except these, which a court decides:

  • whether Section 25.9 (class action and jury trial waiver) or Section 25.11 (mass filings) is valid and enforceable;
  • whether a request is for public injunctive relief under Section 25.8; and
  • whether you validly opted out under Section 25.10.

Disputes about whether a demand is part of a Mass Filing are decided as described in Section 25.11.

25.5 Rules and administrator. The American Arbitration Association (“AAA”) will administer the arbitration. It will apply its Consumer Arbitration Rules and, for any Mass Filing, its Mass Arbitration Supplementary Rules, as they are in effect when the arbitration starts and as this Section 25 modifies them (the “AAA Rules”). The AAA Rules are available at adr.org. A single arbitrator will decide each Claim. If this Section 25 conflicts with the AAA Rules, this Section 25 controls.

The AAA may be unavailable or unwilling to administer the arbitration under this Section 25. If so, we will agree in good faith on another nationally recognized provider that will apply equivalent consumer rules. If we can't agree, a court will appoint one under 9 U.S.C. § 5. To start arbitration, file a demand with the AAA as the AAA Rules require and send a copy to us at support@hometello.com or [mailing address to be added before launch]. If we start an arbitration, we will send a copy to the email address on your account.

25.6 Fees and costs. Who pays depends on who starts the arbitration:

  • If you start arbitration, you pay the consumer filing fee that the AAA Rules require, unless the AAA or the arbitrator waives or defers it or the law requires us to pay it. We pay all other AAA fees and costs, and all of the arbitrator's fees and expenses.
  • If we start arbitration, we pay all AAA and arbitrator fees.

Each party pays its own attorneys' fees and costs, unless applicable law or the AAA Rules allow the arbitrator to award them. The arbitrator may find that a claim or defense was frivolous or brought for an improper purpose, using the standard in Federal Rule of Civil Procedure 11(b). If so, the arbitrator may order the responsible party to pay the other party's fees and costs, to the extent the law allows.

25.7 Hearings and awards.

  • Claims of $25,000 or less will be decided on written submissions, unless a party asks for a hearing or the arbitrator decides one is needed, as the AAA Rules provide.
  • Any hearing will be by video or phone, unless the arbitrator decides an in-person hearing is needed. An in-person hearing will take place in the county where you live, or in another place we both agree to.
  • The arbitrator may award any individual relief that a court could award to an individual under applicable law, and must apply these Terms as a court would.
  • The arbitrator will issue a written decision explaining the essential findings and conclusions. Judgment on the award may be entered in any court with jurisdiction.
  • An award decides only the Claims of the parties to that arbitration. It has no effect in any other arbitration or case, except between those parties.

25.8 Public injunctive relief. Public injunctive relief means relief whose primary purpose and effect is to stop unlawful acts that threaten the general public, as applicable law defines it. If you seek that relief, and the law where you live does not allow it to be waived, a court will decide that request, not the arbitrator. The court will be in the venue described in Section 26, and it will decide the request only after all other Claims and requests for relief have been decided in arbitration. The court case will be paused until arbitration is complete. If a court decides this Section 25.8 is unenforceable, only the request for public injunctive relief will be severed and decided in court. Everything else stays in arbitration.

25.9 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND Hometello AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. NEITHER OF US MAY BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.

THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, AND ONLY TO THE EXTENT NEEDED TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM. SECTION 25.8 GOVERNS REQUESTS FOR PUBLIC INJUNCTIVE RELIEF. ADMINISTRATIVE BATCHING UNDER SECTION 25.11 ISN'T CONSOLIDATION, AND EACH CLAIM IN A BATCH IS DECIDED INDIVIDUALLY.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND Hometello EACH WAIVE ANY RIGHT TO A JURY TRIAL.

25.10 Your right to opt out. You can opt out of this agreement to arbitrate within 30 days after you first accept these Terms. To opt out, email support@hometello.com with the subject line “Arbitration opt-out,” or send a letter to [mailing address to be added before launch]. A letter is on time if it is postmarked within the 30 days. Include your name, your account email address and a clear statement that you want to opt out of arbitration. We will confirm your opt-out by email. Each person must opt out individually, and an opt-out applies only to the person who sends it. If you opt out, this Section 25, including Section 25.9, doesn't apply to you, and a court will decide Claims between you and us as described in Section 26. Opting out doesn't affect any other part of these Terms.

25.11 Mass filings. A “Mass Filing” happens when 25 or more demands for arbitration raising substantially similar Claims are filed against us, or by us, by claimants represented by the same or coordinated lawyers. For a Mass Filing, the AAA Rules apply, including the AAA Mass Arbitration Supplementary Rules and mass arbitration fee schedule. The following also apply:

  • Each demand must be signed personally by the claimant (an electronic signature is fine) and must follow Section 25.1.
  • The AAA will administer the demands in batches of up to 100, with any remainder in a final batch. Each batch will be assigned to one arbitrator, unless the process arbitrator decides more are needed so that each Claim is decided individually and on time. Each Claim in a batch is decided individually.
  • All batches will proceed at the same time, not one after another, unless the parties agree otherwise.
  • Fees will be charged as the AAA mass arbitration fee schedule provides. Under Section 25.6, we will pay all fees other than each claimant's consumer filing fee.
  • If the AAA hasn't appointed an arbitrator for a batch within 120 days after the batch is formed, any claimant in that batch may instead bring their individual Claim in court under Section 26.
  • Statutes of limitations for each claimant's Claims are paused from the date the first demand in the Mass Filing is filed until that claimant's Claim is decided or withdrawn, in arbitration or in court.
  • A process arbitrator appointed under the AAA Mass Arbitration Supplementary Rules will decide any dispute about whether a demand is part of a Mass Filing or how this Section 25.11 applies.

If a court decides that this Section 25.11 can't be enforced for a Mass Filing, the demands will proceed individually under the AAA Rules.

25.12 Severability of this section. If any part of this Section 25 is found unenforceable, the rest of it remains in effect, subject to two rules:

  • If the class action waiver in Section 25.9 is found unenforceable for a particular Claim or request for relief, only that Claim or request will be severed and decided in court. It will be paused until the individual Claims are decided in arbitration.
  • In no case will a Claim proceed as a class, collective or representative arbitration.

25.13 Future changes to this section. If we make a material change to this Section 25 after you have accepted it, we will give you notice and ask you to accept the change. Continuing to use the Service doesn't by itself mean you accept it. You may reject the change by emailing support@hometello.com or writing to us at [mailing address to be added before launch] within 30 days after it takes effect. If you reject it, or don't accept it, the version of this Section 25 you last accepted continues to apply to you. A change to this Section 25 never applies to a Claim that was pending before the change took effect, or that either party had sent notice of before then.

25.14 Survival. This Section 25 survives the end of your account, your subscription and these Terms.

26. Governing law and courts

26.1 Governing law. The Federal Arbitration Act and federal arbitration law govern Section 25. Otherwise, the laws of the State of Delaware govern these Terms and any Claim, without regard to that state's conflict-of-laws rules. This choice of law doesn't take away any protection you have under the mandatory consumer protection laws of the state where you live that cannot be waived by contract.

26.2 Courts. Some Claims aren't subject to arbitration, for example because you opted out. If you bring such a Claim, you may bring it in the state or federal courts for the county where you live, or in the state or federal courts located in Delaware. If we bring such a Claim, we will bring it in the courts for the county where you live. You and we consent to the personal jurisdiction of those courts for that purpose.

27. State-specific terms

27.1 New Jersey residents. If you live in New Jersey:

  • Section 22.2 doesn't limit damages, treble damages or attorneys' fees available to you under the New Jersey Consumer Fraud Act;
  • Section 22.1 doesn't exclude punitive damages that the New Jersey Punitive Damages Act allows;
  • Section 24 doesn't apply to a claim to the extent it arises from our negligence; and
  • nothing in these Terms limits any other rights you have under the New Jersey Consumer Fraud Act.

Sections 7, 21 and 22 otherwise apply to you to the fullest extent New Jersey law permits.

27.2 California residents. If you live in California:

  • the Service is provided by Hometello, [mailing address to be added before launch], telephone [phone number to be added before launch], and our charges are described in Section 12;
  • Section 22 does not limit liability that California Civil Code section 1668 does not allow to be limited; and
  • under California Civil Code section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

28. Electronic communications and notices

28.1 Consent to electronic communications. You agree to receive agreements, notices, disclosures, receipts and other communications from us electronically. We send them by email to your account address or in the Service. You agree that they satisfy any legal requirement that they be in writing. To receive them, you need a device with an up-to-date web browser, internet access and an email account. You can't change your email address in the app today; to update it, contact us at support@hometello.com. You can get a paper copy of any notice, free of charge, by emailing support@hometello.com or writing to us at [mailing address to be added before launch]. You can withdraw this consent by closing your account, which ends your use of the Service.

28.2 Service and legal emails. As long as you have an account, we may send you messages about your account, security, billing, subscription, and changes to these Terms or our policies. These messages aren't marketing, and you can't opt out of them while you have an account. You can turn off reminder and seasonal emails at any time in Settings or with the unsubscribe link in those emails.

28.3 Notices to you. We may give you notices by email to your account email address or in the Service. Email notices are effective when sent, unless we learn that one wasn't delivered. In that case, the notice isn't effective until we give it to you another way, such as in the Service. Keep your email address working and check your messages, including your spam folder.

28.4 Notices to us. Send legal notices, including Notices of Dispute and arbitration opt-outs, to support@hometello.com or by mail to [mailing address to be added before launch]. Notices to us are effective when we receive them, except that a mailed arbitration opt-out is on time if it is postmarked within the period in Section 25.10.

29. General terms

29.1 Entire agreement. These Terms are the entire agreement between you and us about the Service, together with any specific terms under Section 1.4. They replace any earlier agreements on that subject.

29.2 Severability. Except as Section 25.12 provides, a court or arbitrator may find a provision of these Terms unenforceable. If so, that provision will be enforced to the maximum extent permitted and changed only as much as needed to make it enforceable. The rest of these Terms stays in effect.

29.3 Assignment. You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms. For example, we may assign them to an entity formed to operate Hometello, or as part of a merger, acquisition, reorganization or sale of assets. We will notify you of any assignment that affects your rights.

29.4 No waiver. If we don't enforce a provision, that doesn't waive our right to enforce it later.

29.5 Events beyond our control. We are not liable for any delay or failure caused by events beyond our reasonable control. Examples include natural disasters, power or internet outages, failures of our hosting, email, payment, AI or other third-party providers, cyberattacks, labor disputes, war, terrorism, government action and epidemics. This section doesn't excuse our duty to use reasonable security measures or to give any notice the law requires.

29.6 Relationship and third parties. You and we are independent parties. These Terms don't create any agency, partnership, employment, fiduciary or professional relationship. The only people other than you and us who have rights under these Terms are the people Sections 22 and 24 name, such as our owners, officers, employees, contractors and agents, and the people who may enforce Section 25 as Section 25.2 describes. Our contractors may enforce Section 25 only as Section 25.2 provides. No one else, including anyone who receives a history report, is a third-party beneficiary.

29.7 Survival. The following survive the end of your account, your subscription or these Terms:

  • Sections 6, 7, 11.2 through 11.5 and 12.9;
  • Section 14.2, as described there;
  • Sections 15, 16.1, 16.3 and 16.4;
  • Sections 21 through 30; and
  • any other provision that by its nature should survive.

29.8 Interpretation. Headings are for convenience only. “Including” means “including without limitation.” If we provide a translation of these Terms, the English version controls.

29.9 Service providers. We may use contractors and service providers to exercise our rights and perform our obligations under these Terms.

30. Contact us

Email Hometello at support@hometello.com, or write to us at [mailing address to be added before launch], for any of the following: questions about these Terms, support requests, cancellation requests, privacy requests, account deletion requests and legal notices.