Terms of Service

1. Agreement to Terms

By accessing or using the Homey D. Agent platform at homeydagent.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

These Terms constitute a legally binding agreement between you ("you," "your," or "User") and Homey D. Agent ("we," "us," or "our"). If you are using the Service on behalf of a business, you represent that you have the authority to bind that business to these Terms.

2. Description of Service

Homey D. Agent is a business intelligence and AI-powered analytics platform designed for home service companies. The Service provides:

• Integration with third-party field service, advertising, call tracking, and email marketing platforms to sync and consolidate business data
• An AI chat assistant that answers questions about your business data
• Dashboards, reports, and analytics tools
• Customer segmentation, scoring, and prospecting tools
• Weather and demographic data for service areas
• Notification and alerting capabilities

3. Accounts and Registration

3.1 Account Creation

To use the Service, you must create an account by providing a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Client Accounts

When you register, a client account is created for your business. You become the Administrator of that client account. You may invite additional users to your client account and assign them roles (Administrator, Standard User, Reports, or Billing) that determine their level of access.

3.3 Multiple Client Accounts

Users may be associated with more than one client account. Each client account is a separate, isolated data environment. Switching between client accounts does not transfer, merge, or share data between them.

3.4 Account Responsibility

You are responsible for:

• Keeping your login credentials secure and not sharing them
• All activity that occurs under your account or client account
• Ensuring that users you invite to your client account are authorized to access your business data
• Promptly notifying us of any unauthorized access to your account

4. Your Data

4.1 Ownership

You own your data. All business data you import, sync, create, or generate through the Service remains your sole property. We claim no ownership rights over your data.

4.2 License to Operate

By using the Service, you grant us a limited, non-exclusive license to access, process, store, and display your data solely for the purpose of providing the Service to you. This license terminates when you delete your data or close your account.

4.3 Data Isolation

Each client account's data is completely separate and isolated. We do not combine, aggregate, or share data between client accounts for any purpose.

4.4 Data Portability and Deletion

You may export your data at any time using the export features provided in the Service. You may request complete deletion of your data and client account by contacting us at support@homeydagent.com. See our Privacy Policy for full details on data deletion timelines.

5. Third-Party Integrations

5.1 Connecting Platforms

The Service allows you to connect third-party platforms (such as ServiceTitan, Google Ads, CallRail, Klaviyo, and others) to sync your data. When you connect a platform:

• You authorize us to access that platform on your behalf using the credentials or OAuth tokens you provide
• You represent that you have the right to authorize this access
• You understand that we will retrieve and store data from that platform as described in our Privacy Policy

5.2 Third-Party Terms

Your use of third-party platforms is subject to those platforms' own terms of service and privacy policies. We are not responsible for the availability, accuracy, or policies of third-party platforms. If a third-party platform changes its API, terms, or availability, it may affect the functionality of the Service.

5.3 Disconnecting

You may disconnect any third-party integration at any time through the Settings pages. Disconnecting stops future data syncing from that platform. Previously synced data remains in your account unless you request its deletion.

6. AI Chat Assistant

6.1 Nature of AI Responses

The AI chat assistant generates responses based on your data using artificial intelligence. While we strive for accuracy:

• AI-generated responses are informational and should not be treated as professional advice (legal, financial, tax, or otherwise)
• The AI may occasionally produce inaccurate, incomplete, or outdated information
• You are responsible for verifying any information or recommendations before acting on them
• The AI assistant does not replace professional judgment or consultation with qualified advisors

6.2 AI Data Processing

When you use the chat, your questions and relevant data excerpts are processed by a third-party AI model provider. We do not use your data to train AI models. See our Privacy Policy for details.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to the Service, other accounts, or our systems
• Interfere with or disrupt the Service or servers connected to it
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to store or transmit malicious code, malware, or harmful content
• Use automated tools (bots, scrapers, crawlers) to access the Service except through our published APIs
• Resell, sublicense, or provide the Service to third parties without our written consent
• Upload or sync data that you do not have the right to access or share
• Use the Service in a manner that infringes on the intellectual property rights of others

8. Subscription and Billing

8.1 Plans and Pricing

The Service is offered under subscription plans as described on our website. Pricing, features, and plan details may change with 30 days' notice. Current subscribers will be notified of any pricing changes before their next billing cycle.

8.2 Payment

You agree to pay all fees associated with your selected plan. Payments are processed through our third-party payment provider. You authorize us to charge your payment method on a recurring basis according to your plan's billing cycle.

8.3 Cancellation

You may cancel your subscription at any time through the Settings pages or by contacting us. Upon cancellation:

• You retain access to the Service until the end of your current billing period
• No refunds are provided for partial billing periods
• Your data remains accessible during the remaining billing period
• After your subscription ends, your data will be retained for 30 days before deletion, during which time you may export it or reactivate your subscription

8.4 Free Tier / Trial

If we offer a free tier or trial period, it is subject to the limitations and terms described at the time of enrollment. We reserve the right to modify or discontinue free offerings at any time.

9. Intellectual Property

9.1 Our Property

The Service, including its design, code, features, branding, documentation, and all related intellectual property, is owned by Homey D. Agent and protected by applicable intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

9.2 Your Property

You retain all rights to your business data, trademarks, and other intellectual property that you input into or connect with the Service.

9.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a non-exclusive, royalty-free, perpetual license to use that feedback to improve the Service. This does not apply to your business data.

10. Service Availability

10.1 Uptime

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Unscheduled maintenance to address security or stability issues
• Factors beyond our reasonable control (internet outages, third-party service disruptions, force majeure events)

10.2 Modifications

We reserve the right to modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of material changes. If a change materially reduces the functionality you are paying for, you may cancel your subscription.

11. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business, or goodwill, arising from your use of or inability to use the Service.
• Our total liability for any claims arising from or related to these Terms or the Service shall not exceed the total fees you paid to us in the 12 months preceding the claim.
• We are not responsible for the accuracy, completeness, or reliability of data synced from third-party platforms, AI-generated responses, or publicly sourced data (weather, census).

12. Indemnification

You agree to indemnify and hold harmless Homey D. Agent, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Data you upload, sync, or share through the Service

13. Termination

13.1 By You

You may terminate your account at any time by contacting us or through the Settings pages.

13.2 By Us

We may suspend or terminate your account if:

• You violate these Terms
• You fail to pay fees when due
• Your use of the Service poses a security risk or may harm other users
• We are required to do so by law

We will provide reasonable notice before termination when possible, except where immediate action is necessary to protect the Service or comply with legal requirements.

13.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Your data will be retained for 30 days, during which you may request an export. After 30 days, data will be permanently deleted per our Privacy Policy.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Indiana, United States, without regard to conflict of law principles.

14.2 Informal Resolution

Before filing any formal dispute, you agree to contact us at support@homeydagent.com and attempt to resolve the dispute informally for at least 30 days.

14.3 Arbitration

Any dispute not resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Indiana. Each party shall bear its own costs, and the arbitrator's decision shall be final and binding.

14.4 Class Action Waiver

You agree that any disputes will be resolved on an individual basis and not as part of any class, consolidated, or representative action.

15. General Provisions

• Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Homey D. Agent regarding the Service.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment. You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.
• Notices. We may send notices to the email address associated with your account. You are responsible for keeping your email address current.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you via email or through a prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

17. Contact Us

If you have questions about these Terms, contact us:

• Email: support@homeydagent.com
• Website: homeydagent.com