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Terms of Service

Last updated: Apr 25th, 2023

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

By using the HomeAtoms platform (the "Platform"), provided by Multikite LLC, its subsidiaries, or affiliates (collectively, "HomeAtoms", "we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform. HomeAtoms reserves the right to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice.

These Terms govern your access to, use of, and participation in the Platform and the entirety of your relationship with HomeAtoms. All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein will refer to that entity, its directors, officers, employees, and agents.

CHANGES TO THE TERMS

HomeAtoms reserves the right to modify these Terms and any other documents incorporated by reference herein at our sole discretion, at any time, and without prior notice. HomeAtoms will notify you of changes by posting on the HomeAtoms Terms of Use website and may also, in our sole discretion, notify you by sending you a message and/or otherwise notifying you when you are logged into your account. Changes will become effective 30 days after the earliest of: (a) changes being posted on the Platform; (b) HomeAtoms' transmission of a message to you about the changes; or (c) you are otherwise notified when you are logged into your account. Your use of the Platform after the expiration of the 30 days will constitute your consent to the changes. If you do not agree, you may not access or use the Platform.

Key Terms

For the purposes of these Terms, the following key terms are defined as follows:

  • Platform: The HomeAtoms website, mobile application, and related services provided by HomeAtoms.
  • Service Professionals: Licensed, certified, bonded, and insured professionals who offer, post, or provide home services ("Pro Services") via the Platform.
  • Home Owners: Users who solicit Pro Services from Service Professionals through the Platform.
  • User Generated Content: Any content, including images, files, reviews, and other materials, submitted to the Platform by users.
  • Services: Refers to the services offered through the HomeAtoms Platform, which include connecting Users (homeowners) with Service Professionals to provide Pro Services.
  • Privacy Policy: Describes how HomeAtoms collects, uses, and discloses User information while using the Platform.
  • Pro Services: Refers to the professional services provided by Service Professionals to Users through the HomeAtoms Platform.
  • HomeAtoms Content: Refers to all content, including but not limited to text, images, videos, and logos, that HomeAtoms makes available on the Platform, excluding User Content.
  • User: Refers to any person who accesses, uses, or participates in the Platform, including both homeowners and Service Professionals.
  • Fee: Refers to the charges associated with using the Platform, such as the subscription fee for Service Professionals.
  • Subscription: Refers to the paid monthly plan that Service Professionals can subscribe to for accessing and using the Platform's premium features.
  • Consumer: Refers to any User (homeowner) who uses the Platform to find and hire Service Professionals for Pro Services.

1. Privacy Policy

By using the Platform, you agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy. The Privacy Policy explains how HomeAtoms collects, uses, and discloses your personal information, as well as your rights and choices regarding your personal information. Please review our Privacy Policy before using the Platform.

2. Eligibility and Restrictions

a. Eligibility. By using the Platform, you represent and warrant that you are at least 18 years of age, legally reside in the United States or Canada, and have the legal capacity to form a binding contract with HomeAtoms. You may not use the Services if (1) you are a minor and need parental or guardian consent to fully access the Services; (2) you are a registered sex offender in any jurisdiction or are under any legal restrictions, orders, or actions that prevent you from using or accessing online services that permit use by minors; (3) we have previously disabled your Account due to breaches of these Terms or other HomeAtoms policies; (4) our Services are not intended for your geographical area; or (5) you are barred by applicable laws from accessing or receiving our Services. HomeAtoms reserves the right to refuse registration, access, or usage of our Services to any person or household at any time and for any reason.

b. Becoming a Member. When you register to become a Member, you must supply us with accurate and complete information. HomeAtoms reserves the right to reject and terminate any registrations submitted with false or inaccurate registration data, or any submitted in violation of these Terms.

c. Account Types and Access. Members may create, operate, maintain, or otherwise utilize an Account on the Services for personal and/or business purposes. By registering or using the Platform to offer, post, or provide Pro Services, Service Professionals affirm and warrant that they, along with their employees, agents, suppliers, contractors, and subcontractors performing work on their behalf, possess the necessary qualifications, experience, licenses, certifications, bonds, and insurance as mandated by relevant laws or regulations within the jurisdiction(s) they operate and for the specific tasks they undertake. Service Professionals agree to comply with all applicable laws, including but not limited to the California Consumer Privacy Act, other relevant privacy laws, and the Telephone Consumer Protection Act, in their use of the Platform and any personal information acquired from the Platform. Home Owners are responsible for verifying Service Professionals' licenses, insurance, and legal status before soliciting Pro Services. If you use Service Professional services, you agree to our Service Professional Terms, which are incorporated into these Terms. Each business is limited to one Account per business location. You are responsible for securing your Account login information and maintaining its confidentiality. You are accountable for all activities occurring under your Account. If you suspect or become aware of any unauthorized access or use of your Account, you must notify us promptly.

d. Permitted Activities. You may only use, access, search, interact with, or otherwise engage with our Services for their intended purposes and via the means we offer (such as our website, apps, and APIs), subject to any Supplemental Terms we provide governing their allowed uses.

e. HomeAtoms reserves the right to limit, suspend, or terminate your access to the Platform if you do not meet these eligibility requirements.

3. User Conduct

When using the Platform, you agree to abide by the following rules of conduct:

  1. Not to violate any applicable laws, regulations, or rules;
  2. Not to engage in any fraudulent, deceptive, or misleading activities;
  3. Not to impersonate any person or entity, or falsely represent your affiliation with any person or entity;
  4. Not to circumvent, or attempt to circumvent, any obligation to pay HomeAtoms for access to services provided by the Platform or Service Professionals;
  5. Not to harass, threaten, or intimidate any user or Service Professional;
  6. Not to post, transmit, or distribute any content that is offensive, defamatory, or infringing on the rights of others;
  7. Not to use the Platform to send unsolicited communications, promotions, or advertisements;
  8. Not to access or use another user's account without their permission;
  9. Not to interfere with or disrupt the operation of the Platform or its underlying technology;
  10. Not to collect or store personal information about other users without their express permission;
  11. Not to create multiple accounts or use automated methods to access or use the Platform;
  12. Not to reverse engineer, decompile, or disassemble any aspect of the Platform;
  13. Not to use the Platform for any purpose other than its intended use as a marketplace connecting Home Owners and Service Professionals;
  14. Not to attempt to gain unauthorized access to the Platform or its systems, or to engage in any activity that disrupts, diminishes the quality of, or interferes with the performance of the Platform;
  15. Not to use the Platform in any manner that could damage, disable, overburden, or impair the Platform or its systems, or interfere with any other party's use of the Platform.

4. User-Generated Content

Users may submit reviews, images, files, and other content ("User-Generated Content") to the Platform. By submitting User-Generated Content, you represent and warrant that you have the necessary rights, licenses, and permissions to share such content, and that the content does not infringe on the rights of any third party. You grant HomeAtoms a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, and display User-Generated Content in connection with the operation and promotion of the Platform.

HomeAtoms reserves the right to remove any User-Generated Content that violates these Terms or is reported by other users. You agree not to post any content that is offensive, defamatory, infringing, or otherwise in violation of these Terms. HomeAtoms assumes no responsibility or liability for any User-Generated Content and does not endorse or guarantee the accuracy, reliability, or quality of such content.

5. Service Professional Guidelines

Service Professionals are required to comply with all applicable laws, regulations, and rules, and to maintain a valid license, certification, bonding, and insurance, as required by the jurisdiction in which they offer their Pro Services. By registering or using the Platform to offer, post, or provide Pro Services, Service Professionals represent and warrant that they, and any employees, agents, suppliers, contractors, or subcontractors performing work for them, are properly and fully qualified, experienced, licensed, certified, bonded, and insured. HomeAtoms does not sell or otherwise provide Pro Services and does not warrant or guarantee the quality, safety, or legality of any Pro Services obtained through the Platform.

Service Professionals acknowledge and agree that they are customers of HomeAtoms and are not employees, contractors, consultants, joint venturers, partners, or agents of HomeAtoms. Service Professionals understand that their use of the Platform does not guarantee that anyone will engage them for Pro Services. HomeAtoms is a software provider that facilitates transactions between Home Owners and Service Professionals and is not liable for any damages or disputes arising from the provision of Pro Services. HomeAtoms may facilitate the selection of a Service Professional for certain Consumers, but any Pro Services solicited as a result of such facilitation are provided by an independent Service Professional without any representation or warranty from HomeAtoms other than as expressly provided for herein.

6. Payment Terms

The Platform is free for Home Owners, while Service Professionals pay a monthly fee based on the total number of properties they manage on the HomeAtoms Platform. All fees and charges are non-refundable, except as expressly provided in these Terms. In case of disputes, users should contact help@homeatoms.com. HomeAtoms reserves the right to modify or change the fees at any time, with or without notice, in its sole discretion.

Service Professionals are responsible for all charges and fees incurred for the use of the Platform, including any applicable taxes. HomeAtoms may offer a refund of up to a maximum of one month's subscription fee, at its sole discretion. HomeAtoms also offers a free account for users to test the Platform and determine if it meets their requirements before committing to a paid subscription.

7. Payments and Refunds

All payments made by Users on the Platform are processed through Stripe, a third-party payment processing platform. By using the Platform, you agree to be bound by Stripe's Terms of Service and Privacy Policy. HomeAtoms is not responsible for any errors or issues arising from the use of Stripe's services, and any disputes or concerns regarding payments must be addressed directly with Stripe.

Refunds for services provided on the Platform may be requested by Service Professionals up to a maximum of one month from the date of payment. All refunds will be processed through Stripe and credited to the original payment method linked to the Service Professional's account. HomeAtoms cannot process refunds to any other payment method.

To request a refund, Service Professionals must contact HomeAtoms via email and provide sufficient information to verify their identity on the Platform, including but not limited to their name, email address, and details of the transaction in question. Service Professionals must also provide a valid reason for requesting the refund. HomeAtoms will review the refund request and has the right to accept or reject the request at its sole discretion. The decision made by HomeAtoms regarding the refund request is final and binding.

8. Third-Party Services

HomeAtoms uses various third-party services to provide and enhance the functionality of our Platform. These third-party services may have access to or process your data in the course of providing their services to us. By using our Platform, you acknowledge and agree that HomeAtoms is not responsible for the privacy practices, terms, or policies of these third-party services.

Some of the third-party services we use include, but are not limited to:

  • Firebase: We use Firebase for backend services, analytics, authentication, storage, messaging, remote configuration, and crash reporting. Please review Firebase's Terms of Service and Privacy Policy.
  • Google Analytics: We use Google Analytics to collect and analyze data about our Platform usage. Please review Google Analytics' Terms of Service and Privacy Policy.
  • Stripe: We use Stripe for processing payments and managing refunds. Please review Stripe's Terms of Service and Privacy Policy.
  • Amazon SES: We use Amazon Simple Email Service (SES) for email delivery and communication. Please review Amazon SES' Terms of Service and Privacy Policy.

9. Disclaimer and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, INCLUDING ALL CONTENT, SERVICES, AND INFORMATION PROVIDED THEREIN, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOMEATOMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HOMEATOMS DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR THAT DEFECTS WILL BE CORRECTED. HOMEATOMS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES ARISING FROM THE USE, INABILITY TO USE, OR PERFORMANCE OF THE PLATFORM, EVEN IF HOMEATOMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT HOMEATOMS' MAXIMUM LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO HOMEATOMS DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. HOMEATOMS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE CONDUCT OF SERVICE PROFESSIONALS, AND IT IS HOME OWNERS RESPONSIBILITY TO VERIFY THEIR LICENSES, INSURANCE, AND LEGAL STATUS. HOMEATOMS IS MERELY A PLATFORM CONNECTING SERVICE PROFESSIONALS AND HOME OWNERS AND DISCLAIMS ANY LIABILITY ARISING FROM THE PERFORMANCE OF PRO SERVICES BY SERVICE PROFESSIONALS.

10. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HOMEATOMS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE PLATFORM USING YOUR ACCOUNT.

11. Acceptance of These Terms

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

By using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform. All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein will refer to that entity, its directors, officers, employees, and agents.

12. Modifications

HomeAtoms reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. HomeAtoms will notify you of changes by posting on the HomeAtoms Terms of Use website and may also, in its sole discretion, notify you by sending you a message and/or otherwise notifying you when you are logged into your account. Modifications will become effective 30 days after the earliest of: (a) modifications being posted on the Platform; (b) HomeAtoms' transmission of a message to you about the modifications; or (c) you are otherwise notified when you are logged into your account. Your use of the Platform after the expiration of the 30 days will constitute your consent to the changes. If you do not agree, you may not access or use the Platform.

13. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE PLATFORM, OR YOUR RELATIONSHIP WITH HOMEATOMS SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

YOU AND HOMEATOMS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial.

14. Governing Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Georgia, United States without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the Platform will be brought solely in the federal or state courts located in Georgia, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision will be stricken and will not affect the validity and enforceability of the remaining provisions.

16. Waiver and Amendment

No waiver of any provision of these Terms by HomeAtoms shall be deemed a further or continuing waiver of such provision or any other provision, and HomeAtoms' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Force Majeure

HomeAtoms shall not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including but not limited to, internet failures, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

18. Entire Agreement

These Terms, including any terms incorporated by reference, constitute the entire agreement between you and HomeAtoms with respect to the Platform and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Platform.

19. Contact Information

If you have any questions about these Terms or the Platform, please contact HomeAtoms at:

HomeAtoms by Multikite LLC
Atlanta, Georgia
United States of America
Email: help@homeatoms.com
Phone: +1 XXX-XXX-XXXX