Introduction

These terms of use apply when a user engages (our “User”) to use the Homey website application (the “Platform”).

By accessing or using the Platform, you signify that you have read, understood, and agree to be bound by these Terms (“Terms”). Your use of the Platform is also subject to our privacy policy, which covers how we collect, use, share, and store your personal information.

We reserve the right to amend these Terms and our Privacy Policy at any time and without notice. When we update these Terms, we will revise the “Effective Date” above and post the new Terms online, making them available through the Platform.

Use of the Platform

By providing Homey your phone number or email address, either directly or via other Users on the Platform, you consent to Homey using your contact details to send you Platform-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages relevant to your use of the Platform. Within your User settings, you may be able to select the particular types of notifications you receive from the Platform; however, you will always continue to receive emails or push notifications that are relevant to and a necessary part of your use of the Platform.

User Content

In your use of the Platform, you may upload, post, provide, publish, display, or comment on content available via the Platform (collectively, “User Content”) to be shared with other Users. You grant Homey a worldwide, transferable, and sub-licensable right to copy, modify, distribute, display, and process all of the User Content you make available via the Platform, including but not limited to making your User Content available to other Users within the Platform, without any further consent, notice, and/or compensation to you or others.

You are solely responsible for the User Content that you make available via the Platform. You agree that we may access, store, and use any information that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

Service Usage Restrictions

You agree that you will:

1. Abide by and comply with these Terms;

2. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, and regulatory requirements;

3. Provide accurate information to us and keep it updated;

4. Use your real name on your User profile;

5. Use the Platform in a professional manner.

   
   

You agree that you will not:

1. Act in an unlawful or unprofessional manner in connection with the Platform, including being dishonest or using the Platform for misrepresentation of any kind;

2. Disclose information that you do not have consent to disclose (such as confidential information of others, including your employer);

3. Copy, use, disclose, or distribute any information obtained from the Platform, whether directly or through third parties (such as search engines), without the consent of Homey, except for the sharing of Company or User Content made specifically available for sharing through the Platform;

4. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission;

5. Violate the intellectual property or other rights of Homey;

6. Post anything that contains software viruses, worms, or any other harmful code;

7. Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the Platform or any related technology;

8. Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;

9. Take any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

10. Upload invalid data, viruses, worms, or other software agents through the Platform;

11. Create a false identity, impersonate another person, or otherwise misrepresent who you are or your affiliation with a person or entity;

12. Create a User profile for anyone other than yourself;

13. Use or attempt to use another’s account;

14. Interfere with the proper working of the Platform;

15. Use the Platform to generate spam, advertising, junk mail, chain letters, or similar content or messages;

16. Bypass the measures we may use to prevent or restrict access to the Platform;

17. Override any security feature of the Platform;

18. Interfere with the operation of, or place an unreasonable load on, the Platform (such as, spam, denial of service attack, or viruses);

19. Use or launch any automated system, including without limits, “robots,” “spiders,” “offline readers,” etc., that accesses the Platform in a manner that sends more request messages to the Homey servers than a human can reasonably produce in the same period of time by using a conventional online web browser;

20. Collect or harvest any personally identifiable information, including user or account names, from the Platform;

21. Use any portion of the Platform as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;

22. Solicit contact information or other personal information from Users you don’t know, without authorisation;

23. Rent, lease, loan, trade, sell/re-sell access to the Platform or related data;

24. Sell, sponsor, or otherwise monetise the Platform;

25. Remove any copyright, trademark, or other proprietary rights notices contained in or on the Platform;

26. Monitor the Platform’s availability, performance, or functionality for any competitive purpose;

27. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform;

28. Overlay or otherwise modify the Platform or their appearance; or

29. Use the Platform for tasks that it is not intended for.

Our Proprietary Rights

The Platform and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Homey Materials”), and all intellectual property rights related thereto, are the exclusive property of Homey and its licensors. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Platform. Use of the Homey Materials on the Platform for any purpose not expressly permitted by these Terms is strictly prohibited.

You may choose to or we may invite you to submit feedback, comments, questions, and other information about the Platform, including, without limitation, about how to improve the Platform or our other products. By submitting any such comments, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Homey under any fiduciary or other obligation, that we are free to disclose your comments on a non-confidential basis to anyone, or otherwise use them without any additional compensation to you. You acknowledge that, by acceptance of your submission, Homey does not waive any rights to use similar or related ideas previously known to Homey, developed by its employees, or obtained from sources other than you.

Third-Party Websites and Services

The Platform may contain links to third-party websites as well as certain third-party services that we may integrate with the Platform (collectively, “Third-Party Services”). We have no control over and assume no responsibility for the content, privacy policies, or practices of any Third-Party Services. If you access a Third-Party Service from Homey, you do so at your own risk, and you understand that these Terms and Homey’s Privacy Policy do not apply to your use of such sites. You agree that Homey will not be responsible for any loss or damage of any sort relating to your dealings with such Third-Party Services. We encourage you to be aware of when you leave the Platform and to read the terms and conditions and privacy policy of any Third-Party Service that you visit.

Indemnity

You agree to defend, indemnify, and hold harmless Homey and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

(i) your use of and access to the Platform; (ii) your violation of any of these Terms, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including, without limitation, any right of privacy, rights of publicity, or any intellectual property rights; (iv) your violation of any law, rule, or regulation of the United Kingdom or any other country; (v) any claim or damages that arise as a result of any of your User Content you submit; or (vi) any other party’s access and use of the Platform with your unique username, password, or other appropriate security code.

No Warranty

The Platform is provided on an “as is” and “as available” basis. Use of the Platform is at your own risk. The Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Homey and its licensors and suppliers do not warrant that any content is accurate, reliable, or correct; that the Platform will meet your requirements; that the Platform will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Platform is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Platform is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from such download.

Homey does not warrant, endorse, guarantee, or assume responsibility for any product or service offered through the Platform or any hyperlinked website or service, or featured in any banner or other advertising, and Homey will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Homey, its affiliates, directors, employees, or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other losses, that result from the use of, or inability to use, this Platform. Under no circumstances will Homey be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorised access or use of the Platform or your account or the information contained therein. Our aggregate liability arising out of these Terms will not exceed the amount you have paid us in the past three (3) months.

To the maximum extent permitted by applicable law, Homey assumes no liability or responsibility for any:

(i) errors, mistakes, or inaccuracies of any content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Platform; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Platform; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Platform by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform; and/or (vii) any content or the defamatory, offensive, or illegal conduct of any third party.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Homey has been advised of the possibility of such damage. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.

Responsibilities of Agents, Panel Managers and Law Firms

The above professional companies using the Homey platforms are required to use Homey’s end suppliers for services. These services include, but are not limited, to Search Companies and Identification/ Anti-Money Laundering Companies.

General Terms

These Terms shall be governed by and construed in accordance with the laws of England and Wales, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You and we both agree to submit to the jurisdiction of the English courts. We may notify you via postings on our website, via email, or any other means to the contact you provide. You may not assign or transfer any rights and licenses granted hereunder.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Homey’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

Please contact us at hello@homey.co.uk with any questions regarding these Terms or anything else for that matter. We love talking to Users and exploring how we can do what we do better.