Terms and Conditions

Acceptance of Terms

By registering for, accessing, or otherwise utilizing the Service, including but not limited to navigating or browsing the Site, you affirm your acceptance of all terms and conditions articulated in these Terms of Use. This acceptance extends to HomeBasis' Privacy Policy, Intellectual Property Policy, Photo Guidelines, Terms and Conditions, API License Agreement, and any additional operational policies or procedures periodically promulgated by HomeBasis. HomeBasis retains the unilateral right to modify, amend, or otherwise alter these policies at its discretion and without prior notice. It is incumbent upon you to regularly review these Terms. In addition, certain functionalities or services provided through the Service may be governed by supplementary terms and conditions stipulated by HomeBasis, which are incorporated by reference into these Terms of Use. These Terms apply uniformly to all users, including those contributing content, data, or services to the Site.

Access

HomeBasis extends the Services to you under these Terms of Use, allowing for personal engagement and precluding unauthorized third-party benefits. The Service includes but is not limited to, applications and widgets downloadable from the Site or, where applicable, third-party application distribution platforms (e.g., Apple App Store, Google Play Store) authorized by HomeBasis. The Service further encompasses various media and digital content, including but not limited to textual materials, graphical interfaces, visual presentations, multimedia components, artistic elements, software programs, and computational code (collectively referred to as 'Content'). HomeBasis reserves the discretionary right to modify, suspend, or permanently discontinue the Service, in part or in whole, without prior notice or liability. Consequently, HomeBasis shall not be responsible for any disruptions, financial losses, or operational impediments arising from such modifications.

Registration and Eligibility

While general browsing of the Site may be conducted without registration, access to specific features necessitates account creation. As part of this registration process, you are required to furnish accurate, truthful, and complete details, including your legal name, valid email address, and secure password. It is your responsibility to maintain the accuracy of this information over time. You explicitly agree to abstain from the following: Submitting fraudulent, misleading, or incomplete personal details. Creating an account on behalf of another individual without authorization. Adopting a username that misrepresents identity or infringes upon another party’s rights. Selecting a username that is offensive, profane, or unlawful. HomeBasis reserves the right to reject registrations or revoke existing accounts at its discretion. You assume full responsibility for safeguarding your password and account credentials. If unauthorized access occurs, it is your duty to promptly notify HomeBasis. You further affirm that you are of legal majority to enter into a binding contractual arrangement or possess the legal authority to act on behalf of an entity if registering on its behalf. The Service is strictly prohibited for individuals under the age of 13. HomeBasis retains the prerogative to refuse service to any individual or entity at any time.

Content

All Content, whether made publicly available or privately transmitted, is the sole responsibility of its originator. HomeBasis does not validate the authenticity, precision, or integrity of any Content submitted by users. You acknowledge that any reliance upon Content retrieved through the Service is undertaken at your own risk and liability. The term 'Content' encompasses a broad range of media, including textual contributions, images, audiovisual recordings, geolocation data, software programs, and interactive user-generated materials.

User Submissions

By submitting any form of Content ('User Submissions') via the Site or Service, you hereby grant HomeBasis a global, non-exclusive, royalty-free, sublicensable, and transferable license to utilize, modify, reproduce, publish, distribute, create derivative works from, display, and perform such Content in connection with the Site and Service. This license extends to promotional activities and redistributions across various media platforms. You represent and warrant that you possess all necessary legal rights to grant this license and that your User Submissions do not infringe upon any third-party rights, including copyright, privacy, publicity, contractual obligations, or intellectual property.

Rules and Conduct

You are expressly prohibited from utilizing the Service for any unlawful or unauthorized activities, including but not limited to: Engaging in activities that overload HomeBasis’ technological infrastructure. Disrupting the normal operation of the Service. Circumventing security mechanisms. Implementing spam tactics, bots, or unauthorized data harvesting. Reverse engineering any component of the Service. HomeBasis reserves the unilateral right to restrict or remove access to any Content or user that violates these stipulations.

Third-Party Sites and Services

The Service may incorporate hyperlinks to third-party websites and external services. These links are provided solely for user convenience and do not signify an endorsement, sponsorship, affiliation, or approval of the linked sites or the entities operating them. HomeBasis does not have control over these external websites or services and is not responsible for their availability, content, advertising, products, services, security, data collection practices, or any other materials found on or accessed through such third-party platforms. Users acknowledge that interactions with third-party sites are conducted at their own risk and discretion, and HomeBasis bears no responsibility for any damages, data loss, unauthorized access, financial harm, or other liabilities that may arise from engaging with such third-party services. HomeBasis expressly disclaims any warranties regarding the reliability, functionality, or security of external websites and does not assume responsibility for any direct, indirect, incidental, or consequential damages resulting from a user’s reliance on third-party resources. Additionally, HomeBasis does not assume responsibility for the policies or practices of third-party sites regarding privacy, security, or data protection. Users should carefully review the terms, conditions, and policies of any external services before providing personal information or engaging with their offerings. The inclusion of a hyperlink within the Service does not imply HomeBasis’ endorsement of any third-party content, nor does it guarantee that external websites comply with applicable laws or industry standards. HomeBasis reserves the right to remove, disable, or restrict access to any third-party links that it deems inappropriate, harmful, or misleading. However, HomeBasis is under no obligation to monitor third-party services and makes no representations regarding the completeness or accuracy of any external information provided through linked sites. Any disputes or concerns regarding a third-party site should be directed to the respective site administrator or service provider.

Termination

HomeBasis retains the right to terminate, suspend, or restrict your access to the Service at its sole discretion, with or without prior notice, for any reason, including but not limited to a breach of these Terms, suspected fraudulent activity, violation of applicable laws or regulations, or any conduct that HomeBasis deems harmful to the integrity, security, or operation of the Service. In addition, HomeBasis may impose restrictions on access to certain features, functionalities, or content within the Service as necessary to ensure compliance with legal obligations or internal policies. Upon termination, suspension, or restriction, all associated rights and privileges granted under these Terms will immediately cease, and you will lose access to any data, content, or information stored within your account. HomeBasis shall not be liable for any loss of data, damages, or inconvenience resulting from the termination of your access. You acknowledge and agree that HomeBasis has no obligation to provide you with a copy of your data or reinstate your access to the Service following termination. If you choose to discontinue your use of the Service, you may do so at any time by following the termination instructions provided on the Site. Account deletion requests may be subject to verification procedures to prevent unauthorized access or fraudulent activity. All fees paid for the Service, whether recurring, one-time, or subscription-based, are strictly non-refundable, regardless of the reason for termination. Additionally, termination of your account does not relieve you of any financial obligations incurred before termination, including outstanding payments, fees, or charges related to your use of the Service. HomeBasis reserves the right to pursue any legal remedies available in connection with a terminated account, including seeking damages for any harm caused by violations of these Terms. Furthermore, termination of access to the Service shall not preclude HomeBasis from enforcing any remaining obligations or provisions under these Terms that are intended to survive termination, including but not limited to indemnification, warranty disclaimers, and limitations of liability.

Warranty Disclaimer

THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOMEBASIS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, OR AVAILABILITY OF THE SERVICE. HOMEBASIS DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, NOR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOMEBASIS OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. HOMEBASIS ALSO DISCLAIMS ANY WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICE. HOMEBASIS DOES NOT GUARANTEE THAT ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED, NOR DOES IT WARRANT THAT THE SERVICE WILL BE FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICE OR DATA LOSS RESULTING FROM YOUR USE OF THE SERVICE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, HOMEBASIS' LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold harmless HomeBasis, its affiliates, directors, officers, employees, agents, partners, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from or related to: (a) your access to or use of the Service; (b) your violation of any term or provision of these Terms; (c) your infringement or misappropriation of any intellectual property, privacy, or other rights of any third party; (d) your submission, posting, or transmission of User Submissions, including any claims that such content causes damage to a third party; or (e) any unauthorized use of your account or credentials. This indemnification obligation extends to any claim brought by a third party arising from or relating to your conduct on the Service, including but not limited to legal claims for defamation, invasion of privacy, fraud, misrepresentation, or any unauthorized business practices conducted through the Service. HomeBasis reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with HomeBasis in asserting any available defenses. You shall not settle any claim without HomeBasis' prior written consent. This indemnification obligation will survive the termination of your use of the Service and these Terms.

Limitation of Liability

HOMEBASIS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR DAMAGES ARISING FROM RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE. UNDER NO CIRCUMSTANCES SHALL HOMEBASIS BE HELD RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN. HOMEBASIS EXPRESSLY DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM SOFTWARE ERRORS, NETWORK INTERRUPTIONS, OR SECURITY BREACHES THAT MAY OCCUR DURING THE USE OF THE SERVICE. ADDITIONALLY, HOMEBASIS SHALL NOT BE HELD LIABLE FOR ANY FAILURE TO PERFORM, OR DELAYS IN PERFORMANCE, DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING FORCE MAJEURE EVENTS SUCH AS NATURAL DISASTERS, ACTS OF WAR, OR GOVERNMENTAL RESTRICTIONS. THE TOTAL LIABILITY OF HOMEBASIS, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF $50 OR THE AMOUNT YOU HAVE PAID IN THE PAST 12 MONTHS. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Modification of Terms of Use

HomeBasis reserves the right to modify, amend, update, or revise these Terms at its sole discretion and at any time. Any such modifications will be posted on the Site or communicated through official channels, such as email notifications or in-Service alerts. It is your responsibility to review these Terms periodically to stay informed of any changes. Your continued use of the Service after such modifications are implemented constitutes your acknowledgment and acceptance of the revised Terms. HomeBasis may introduce changes for various reasons, including but not limited to legal compliance, service enhancements, security improvements, or policy adjustments to better reflect user expectations and industry standards. Users who do not agree with any modifications must discontinue use of the Service immediately. HomeBasis shall not be liable for any loss or inconvenience resulting from the implementation of updated Terms.

Governing Law

These Terms are governed by and shall be construed in accordance with the laws of New Zealand, without regard to any conflict of law provisions that might otherwise apply. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any disputes arising out of or relating to these Terms, the Service, or any related matter shall be exclusively subject to the jurisdiction of the courts located in Auckland, New Zealand. By using the Service, you consent to the jurisdiction and venue of these courts and waive any objection to proceedings being brought in such courts, including objections based on forum non conveniens. Additionally, HomeBasis reserves the right to seek injunctive or equitable relief in any jurisdiction as necessary to enforce its rights under these Terms. If any provision of this section is held to be invalid or unenforceable, the remaining provisions shall continue to be fully valid and enforceable to the fullest extent permitted by law.

Severability

If any provision of these Terms is deemed invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be modified or reinterpreted to the minimum extent necessary to ensure its enforceability while preserving its original intent. If modification is not feasible, the provision shall be deemed severed from these Terms, and the remainder shall continue in full force and effect. The invalidation of any single provision shall not affect the validity or enforceability of any other provisions herein. The failure of HomeBasis to enforce any right or provision under these Terms shall not be construed as a waiver of such right or provision in any other instance or circumstance. In jurisdictions where certain disclaimers, limitations, or waivers are prohibited, the affected provisions shall be enforced to the maximum extent permitted by applicable law. It is your responsibility to ensure compliance with local laws and regulations governing contract enforceability within your respective jurisdiction.

Entire Agreement

These Terms constitute the full and final agreement between you and HomeBasis, superseding all prior agreements, understandings, negotiations, or representations, whether written or oral, concerning the subject matter herein. This agreement encompasses all rights, obligations, and responsibilities of both parties and serves as the definitive legal framework governing your use of the Service. No modification, amendment, or waiver of any provision of these Terms shall be effective unless explicitly agreed to in writing by an authorized representative of HomeBasis. In the event of any inconsistency between these Terms and any other statements or policies provided elsewhere, these Terms shall prevail. By using the Service, you acknowledge that you have not relied on any representations, warranties, or statements other than those explicitly set forth in this agreement. You further agree that any failure by HomeBasis to enforce a provision of these Terms shall not be deemed a waiver of its right to enforce such provision at a later time. Should any part of this agreement be held invalid or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by applicable law. The parties agree that the doctrine of contra proferentem (where ambiguities are interpreted against the drafter) shall not apply to these Terms.