homeyou.com

homeyou Pro Terms and Conditions

Effective Date: July 13, 2026

These homeyou Pro Terms and Conditions, the "Terms," form a binding agreement between Henko Group, LLC, a Wyoming limited liability company doing business as homeyou, and you. Henko Group, LLC is referred to as "homeyou," "we," "us," or "our." You are referred to as the "Pro," "you," or "your."

IMPORTANT NOTICE

These Terms apply to your business use of the homeyou Pro platform and your purchase and use of Lead Data. Lead Data is not a guaranteed job, appointment, sale, conversion, successful contact, or exclusive opportunity. You must pay for all Lead Data delivered to you unless you submit a timely return request and homeyou approves a credit under these Terms. You are solely responsible for your communications with consumers and your compliance with applicable law.

1. Agreement and Acceptance

1.1 Acceptance

You accept these Terms when you click a button or check a box indicating acceptance, create or use a homeyou Pro account, request or receive Lead Data, access the homeyou Pro dashboard, use an integration or other homeyou Pro service, or otherwise use the Services. If you do not agree to these Terms, do not access the Services or request, receive, or use Lead Data.

1.2 Authority and Business Use

You represent that you are at least 18 years old and have legal authority to enter into these Terms. If you act for a company, limited liability company, partnership, sole proprietorship, or other organization, you represent that you have authority to bind that organization. In that case, "you" includes both you and the organization. The Services are offered for commercial and business use, not for personal, family, or household use.

1.3 Related Terms

These Terms govern the homeyou Pro websites, applications, dashboards, APIs, CRM integrations, communications, lead program, and related products and services, collectively, the "Services." Our Privacy Policy governs how we handle information about your account and your use of the Services. Additional pricing, geographic coverage, project category, lead cap, billing, campaign, subscription, and operational terms may appear in your account, a pricing schedule, checkout flow, campaign confirmation, insertion order, integration form, or other written or electronic order document accepted by homeyou, collectively, "Order Terms."
These Terms and applicable Order Terms form the entire agreement for the Services unless you and homeyou have signed a separate written agreement that covers the same Services. A separately signed agreement controls to the extent it conflicts with these Terms. Otherwise, these Terms control unless the applicable Order Terms expressly identify the provision being changed and state that the Order Terms control for the specific Services covered by those Order Terms.

2. Definitions

"Accepted Lead" means Lead Data delivered to you that you do not timely submit for return or that homeyou determine, in its reasonable discretion, does not qualify for a credit under these Terms.
"Applicable Laws" means all federal, state, local, and other laws, rules, regulations, regulatory requirements, and binding industry standards applicable to the Services or a party's performance under these Terms. Applicable Laws include laws governing privacy, data security, telemarketing, telephone calls, text messaging, email marketing, call recording, advertising, consumer protection, contractor licensing, taxes, and unfair or deceptive acts or practices.
"Consumer" means an individual, household, property owner, tenant, property manager, or other prospective customer identified in or associated with Lead Data.
"CRM Integration" means an API, XML posting, webhook, customer relationship management integration, endpoint, dashboard, email, SMS notification, call transfer, call tracking number, or other technical or operational method through which homeyou delivers or makes Lead Data available to you.
"Delivered" or "Delivery" means homeyou's transmission or making available of Lead Data to you through a CRM Integration, the homeyou platform, email, text, call, transfer, dashboard, file, or other delivery method identified by homeyou or in applicable Order Terms.
"Lead Data" means a unique bundle of information relating to a Consumer and a product, project, task, or service in which the Consumer has expressed interest. Lead Data may be collected on a homeyou property, generated through homeyou's platform or call flows, submitted directly or indirectly by a Consumer, sourced from a Third-Party Aggregator, or otherwise made available to homeyou. Lead Data may include the Consumer's submitted name, service or property address, mailing address, phone number, email address, project category, project description, requested timing, source information, timestamps, IP address, consent language, and other project or contact information.
"Lead Price" means the price payable for particular Lead Data as shown in applicable Order Terms, the homeyou Pro platform, the current homeyou Pro retail price schedule, a written confirmation, or another written or electronic price communication from homeyou.
"Lead Return Deadline" means 11:59 p.m. Eastern Time on the Friday of the week following the week in which the applicable Lead Data was Delivered, unless different Order Terms or a written return policy accepted by homeyou state another deadline.
"Personal Information" means information contained in or derived from Lead Data that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with an identified or identifiable individual or household. Personal Information includes a name, mailing address, service address, email address, telephone number, online identifier, IP address, and similar information protected under Applicable Laws.
"Returned Lead" means Lead Data for which you timely submit a return request and homeyou approves a credit under Section 5.
"Third-Party Aggregator" means a third-party lead source, publisher, agency, call center, network, aggregator, or other provider that supplies Lead Data to homeyou.

3. The homeyou Pro Services

3.1 Marketplace Role

homeyou operates a platform that helps connect Consumers with independent home service professionals. homeyou may provide Pros with profile, marketing, communication, lead delivery, billing, call tracking, and related tools. homeyou does not perform, supervise, direct, warrant, or guarantee a Pro's services. homeyou is not a party to any estimate, service contract, payment arrangement, warranty, or dispute between a Pro and a Consumer.

3.2 Lead Delivery and Pricing

homeyou may Deliver Lead Data through any delivery method it makes available or agrees to in applicable Order Terms. Unless applicable Order Terms state a fixed price, you must pay the Lead Price in effect when the Lead Data is Delivered. The Lead Price is earned and payable upon Delivery, regardless of whether you contact the Consumer, the Consumer responds, you provide an estimate, or the Consumer hires or pays you.
homeyou may modify Lead Prices, project categories, geographic coverage, lead caps, delivery rules, return rules, filters, and platform functionality from time to time. homeyou may provide notice by email, account or platform posting, written confirmation, or another reasonable method. Your continued request, receipt, or use of Lead Data after the stated effective time constitutes acceptance of the modified operational or pricing terms.

3.3 Shared and Exclusive Leads

Unless applicable Order Terms expressly state that particular Lead Data is exclusive, Lead Data is shared and may be sold, transferred, presented, or otherwise made available to up to three total buyers, including you. If homeyou designates Lead Data as exclusive, "exclusive" means only that homeyou will not provide that Lead Data to another homeyou Pro. A Consumer may independently contact other professionals, submit requests on other platforms, or obtain services through other sources. Exclusive Lead Data does not guarantee that no other professional will contact the Consumer.

3.4 No Guaranteed Results or Volume

Lead Data is not a job, appointment, sale, conversion, guaranteed contact, or guaranteed revenue opportunity. Consumers decide whether to respond to, engage, hire, or pay you. homeyou does not guarantee any minimum or maximum number, category, source, quality, contactability, accuracy, validity, interest level, project value, ability to pay, or conversion rate of Lead Data. Lead caps and filters are routing preferences, not guaranteed delivery commitments, unless applicable Order Terms expressly state otherwise.

3.5 Lead Sources

homeyou may collect Lead Data directly or obtain Lead Data from Third-Party Aggregators. homeyou uses commercially reasonable procedures intended to collect, source, or receive Lead Data in a manner consistent with homeyou's consumer disclosures and Applicable Laws. homeyou contractually requires Third-Party Aggregators to maintain appropriate consumer disclosures, permissions, and records. homeyou does not guarantee the ultimate accuracy, validity, quality, contactability, interest level, source, ability to pay, or conversion of Lead Data.

3.6 Tracking, Monitoring, and Recording

homeyou may use masked or tracked telephone numbers, email addresses, call transfers, call recordings, SMS routing, and other tracking or quality-control tools. You consent to homeyou's monitoring, recording, storage, review, access, and disclosure of communications made through homeyou-provided systems or tracking methods for quality control, compliance, billing, dispute resolution, Consumer support, fraud prevention, and service improvement. You must provide all notices and obtain all consents required from your employees, agents, representatives, subcontractors, and other personnel. You remain responsible for any notices or consents required for communications that you initiate or continue with a Consumer.

3.7 CRM Integrations and Your Systems

You are responsible for maintaining accurate, current, operational, and secure endpoints, CRM systems, credentials, APIs, routing rules, and other systems used to receive, store, process, or display Lead Data. homeyou will use commercially reasonable efforts to Deliver Lead Data to your designated delivery method, but does not guarantee receipt, processing, display, or uninterrupted availability of your integration or systems.
homeyou is not liable for a failure, delay, error, or loss caused by your endpoint, CRM, vendor, service provider, credentials, configuration, outage, API limitation, or another cause outside homeyou's reasonable control. A failure of your systems or CRM Integration does not entitle you to a credit, refund, or fee waiver if homeyou made the Lead Data available through a standard or fallback delivery method. Upon Delivery to your designated endpoint, platform, email, phone, CRM, or other destination, you are responsible for the security, integrity, and lawful handling of the Lead Data and Personal Information.

4. Account and Pro Information

4.1 Accurate Information

You must provide complete, accurate, and current business, contact, service, licensing, insurance, geographic coverage, project category, billing, and payment information. You must promptly update that information when it changes. homeyou may rely on the information in your account and may request documentation to verify it.

4.2 Account Security

You are responsible for protecting your credentials and restricting access to your account. You must promptly notify homeyou of suspected unauthorized access or use. You are responsible for activity performed through your account or credentials, except to the extent caused solely by homeyou's breach of these Terms.

4.3 Account Administration

If your account has multiple users, the account owner and administrators may control settings, permissions, billing, lead filters, and user access. You are responsible for ensuring that each user is authorized and follows these Terms. An instruction or acceptance by an authorized account user binds you.

5. Lead Acceptance, Returns, and Credits

5.1 Eligible Return Reasons

You may request a return or credit only by the Lead Return Deadline and only for one of the following reasons:

  1. The Lead Data includes a non-working, disconnected, or invalid phone number and includes no valid email address or other viable contact method.
  2. The Lead Data includes an obviously fraudulent first name, last name, or both.
  3. The Consumer states verbally or in writing that the Consumer did not inquire about the applicable service and did not request contact, provided that you do not later contact, sell to, contract with, bill, or provide services to that Consumer.
  4. The contacted person states that no one with the given name lives at or is authorized to make decisions regarding the indicated property.
  5. The contacted person is a solicitor seeking to sell goods or services.
  6. The Lead Data duplicates Lead Data previously Delivered by homeyou to you for the same Consumer, property, and project type during the prior seven days.
  7. The project type is materially miscategorized and falls outside the project categories you purchased.

homeyou will not knowingly provide Lead Data generated solely by sweepstakes, incentives, or co-registration methods that lack a service-specific request, disclosure, or consent reasonably appropriate for the Lead Data.

5.2 Return Procedure and Deadline

You must submit each return request through the dashboard, support channel, report, or other method designated by homeyou. The request must be received by the Lead Return Deadline and must identify the Lead Data, return category, supporting reason, and reasonably available documentation requested by homeyou. You waive any right to return, reject, or dispute Lead Data that you omit from a complete and timely return request.

5.3 Leads That Are Not Eligible for Return

Lead Data is not eligible for a return or credit merely because the Consumer does not answer, return a message, schedule an appointment, accept an estimate, hire you, complete a project, or pay you. Lead Data is also not eligible if you contact, contract with, bill, provide services to, or otherwise derive value from the associated Consumer. homeyou may deny a return that is late, incomplete, unsupported, duplicative, submitted in bad faith, or inconsistent with your later use of the Lead Data.

5.4 Credits Only

An approved Returned Lead results in an account credit only, not a cash refund, chargeback, or payment reversal. Unless applicable Order Terms or Applicable Laws require different treatment, credits may be applied only against future amounts owed to homeyou, are applied on a first-in, first-out basis, and expire three months after issuance.

5.5 Final Determination and No Use of Returned Leads

homeyou will make return decisions in its reasonable discretion, and those decisions are final. If you reject or return Lead Data, you must immediately stop using it for every purpose, stop all outreach, and delete or suppress it as reasonably directed by homeyou. Any later use of returned or rejected Lead Data makes the Lead Data payable and may result in suspension or termination.

6. Billing and Payment

6.1 Charges and Invoices

You must pay the applicable Lead Price for all Lead Data Delivered to you. Depending on your account settings or applicable Order Terms, homeyou may charge your payment method upon Delivery, deduct charges from a prepaid balance, or invoice you weekly, monthly, or on another stated schedule. An invoice may include Accepted Leads, Lead Prices, approved credits, taxes, subscription or add-on fees, and other amounts due. Unless applicable Order Terms state otherwise, invoices are due within 30 days.

6.2 Payment Method Authorization

If you provide a credit card, debit card, ACH authorization, bank account, or other payment method, you authorize homeyou and its payment processors to charge that method for amounts due under these Terms and applicable Order Terms. Authorized charges may include Lead Prices, recurring or renewal charges, taxes, late fees, collection costs, and other disclosed fees. You must keep your billing information and payment method current and promptly report any cancellation, expiration, compromise, or unauthorized use.

6.3 Invoice and Charge Disputes

You must submit any dispute about an invoice, charge, credit, or billing discrepancy in writing within 20 days after homeyou makes the invoice or charge available to you. Your notice must identify each disputed item and explain the basis for the dispute. You waive disputes not submitted within that period, and the charges become final to the fullest extent permitted by law.
You agree to use homeyou's internal billing dispute process before initiating a chargeback or payment reversal. A chargeback or reversal that conflicts with these Terms is a material breach and may result in immediate suspension. You remain responsible for the original charge, payment processor fees, collection costs, and other amounts allowed by Applicable Laws.

6.4 Late Payments and Collection

Past-due amounts may accrue a monthly late charge equal to the lesser of 1.5 percent per month or the maximum amount permitted by Applicable Laws. You must pay homeyou's reasonable collection costs, including collection agency fees, attorneys' fees, court costs, and expenses. homeyou may suspend Lead Data Delivery and account access while an amount remains past due or if homeyou reasonably determines that you present a payment, credit, compliance, or security risk.

6.5 Taxes

Prices and fees exclude sales, use, value-added, excise, gross receipts, telecommunications, and similar taxes, duties, assessments, or government charges. You are responsible for those amounts arising from the Services, other than taxes based on homeyou's net income. You must provide a valid exemption certificate when applicable.

6.6 Memberships, Subscriptions, and Add-Ons

No separate membership fee applies unless your account or applicable Order Terms show one. homeyou may offer optional subscriptions, add-ons, or paid features. The price, billing interval, renewal terms, and cancellation rules shown when you order those features form part of the applicable Order Terms.

7. Pro Qualifications and Consumer Services

7.1 Licenses, Insurance, and Qualifications

You represent, warrant, and agree that you and each person or entity acting for you will maintain all experience, skill, tools, licenses, registrations, authorizations, insurance, bonding, and other qualifications required by Applicable Laws and applicable industry standards. You must provide supporting documentation upon reasonable request.

7.2 Professional Conduct

You must communicate and perform services professionally, safely, and lawfully. You must provide accurate estimates and disclosures, honor your contracts and warranties, protect Consumers and their property, and comply with agreed schedules. You may not engage in fraud, deceptive advertising, unfair business practices, harassment, discrimination prohibited by law, coercion, bait-and-switch conduct, or abusive behavior.

7.3 Your Relationship With Consumers

You are solely responsible for your estimates, contracts, deposits, services, products, workmanship, warranties, refunds, payments, disputes, property damage, personal injury, liens, encumbrances, permits, personnel, subcontractors, taxes, and Consumer complaints. You must comply with laws governing home improvement contracting, cancellation rights, deposits, licensing, permits, liens, advertising, and consumer protection.
You may not state or imply that you are a homeyou employee, agent, representative, franchisee, or partner. You may not make a representation, promise, guarantee, or warranty on homeyou's behalf. You may not ask or require a Consumer to pay your Lead Price or a lead fee as a separate charge.

7.4 Personnel and Downstream Recipients

You may disclose Lead Data to an employee, subcontractor, franchisee, dealer, affiliate, call center, agency, vendor, or other downstream recipient only when necessary to respond to the specific Consumer inquiry and only if that recipient is bound by written obligations at least as protective as these Terms. You remain fully responsible for each recipient's acts and omissions.

7.5 Consumer Complaints and Investigations

You must promptly cooperate with homeyou regarding any Consumer complaint, regulatory inquiry, data request, billing dispute, quality issue, or investigation involving Lead Data or your services. You must provide reasonably requested records and explanations. homeyou may disclose information about you and your use of Lead Data to Consumers, partners, regulators, and law enforcement when homeyou reasonably determines that disclosure is necessary or appropriate.

8. Lead Data, Privacy, and Security

8.1 Permitted Use

You may use Lead Data only to contact the Consumer about the specific product, project, task, or service inquiry for which homeyou Delivered the Lead Data. Your use must comply with these Terms and Applicable Laws.

8.2 Prohibited Use and Transfer

You may not sell, rent, license, transfer, disclose, distribute, broker, syndicate, append, enrich, or resell Lead Data. You may not retarget or remarket Lead Data, upload it to advertising audiences, use it for suppression files unrelated to the Consumer's request, use it for unrelated marketing, use it to create or supplement a consumer profile, or use it to market a third party's products or services. You may not use Lead Data for spoofing, false identification, deceptive marketing, offensive or abusive communications, or infringement of another person's privacy, property, or other rights.

8.3 Data Safeguards

You must maintain reasonable administrative, physical, and technical safeguards designed to protect Lead Data and Personal Information against unauthorized access, acquisition, use, disclosure, alteration, loss, or destruction. Where applicable, safeguards must include TLS 1.2 or higher for data in transit, encryption or equivalent protection for data at rest, need-to-know access controls, reasonable vulnerability management and patching, vendor oversight, appropriate logging or monitoring, incident detection and response, and secure disposal or deletion.

8.4 Security Incidents

You must notify homeyou of any actual or suspected data breach, security incident, unauthorized access, unauthorized disclosure, loss, or unlawful processing involving Lead Data or Personal Information as soon as practicable and no later than 24 hours after discovery. You must immediately investigate, contain, and remediate the incident, take reasonable steps to prevent recurrence, coordinate with homeyou regarding notices and public statements, and cooperate with homeyou's response.

8.5 Consumer Privacy Requests

You are independently responsible for responding to privacy, access, deletion, correction, opt-out, and similar requests that apply to your processing of Personal Information. You must promptly notify and reasonably assist homeyou if a request relates to homeyou or Lead Data supplied by homeyou. You may not direct a Consumer to homeyou as a substitute for fulfilling your own legal obligations.

8.6 Compliance Records and Audit Support

You must retain records reasonably sufficient to show your compliance with these Terms and Applicable Laws. Upon reasonable request, you must provide records relevant to a Consumer complaint, regulatory inquiry, return request, consent issue, data incident, or suspected breach. homeyou may restrict or suspend Delivery while it reviews a compliance concern.

8.7 Confidentiality

Lead Data, Personal Information, nonpublic pricing, platform information, credentials, technical documentation, and nonpublic information about homeyou's business, suppliers, consumers, systems, and operations are homeyou's confidential information. You may use this information only to perform under these Terms and may disclose it only to personnel and service providers who need it for that purpose and are bound by protective written obligations. You must protect it with at least reasonable care.
These confidentiality duties do not apply to information that you can document was lawfully known to you without restriction before disclosure, was lawfully obtained from another source without a duty of confidentiality, became public without your breach, or was independently developed without use of homeyou's confidential information. You may disclose information when required by law if you provide prompt notice when legally permitted and reasonably cooperate in efforts to limit disclosure.

8.8 Deletion and Retention

Upon homeyou's request or termination of your account, you must return or securely destroy homeyou's confidential information and permanently delete electronic copies. You may retain information only when Applicable Laws require retention or when necessary to finish lawful services under a direct Consumer contract entered before termination. Any retained information remains subject to these Terms. Ordinary backup copies may remain until deleted through normal retention cycles if they remain protected and are not restored except for legitimate recovery purposes.

9. Communications Compliance

9.1 Your Responsibility

You are solely responsible for every call, text, email, mailing, prerecorded or artificial voice message, automated outreach, chat, direct message, and other communication made by you or on your behalf using Lead Data. Delivery of Lead Data, source information, consent language, or a consent record does not constitute legal advice or a guarantee that a specific communication method is lawful. You must independently determine whether and how you may contact each Consumer.

9.2 Legal Compliance

You must comply with all Applicable Laws, including the Telephone Consumer Protection Act, 47 U.S.C. Section 227 and its implementing rules, the Telemarketing Sales Rule, 16 C.F.R. Part 310, the CAN-SPAM Act, Do-Not-Call laws, state telemarketing and text messaging laws, state privacy laws, call recording laws, consumer protection laws, and contractor licensing laws.
At a minimum, you must:

  1. Maintain and honor an internal do-not-call and opt-out list.
  2. Promptly honor revocations of consent and requests not to be contacted.
  3. Contact Consumers only at lawful times and through lawful methods.
  4. Use accurate caller identification and sender information.
  5. Provide all required identity disclosures, notices, and opt-out methods.
  6. Obtain and retain any consent required for prerecorded, artificial voice, autodialed, mass text, AI-assisted, or similar outreach.
  7. Obtain any consent required to record or monitor a call or communication.
  8. Screen against applicable federal, state, and internal do-not-call lists when required.
  9. Maintain records reasonably sufficient to prove compliance.

9.3 Suppression and Revocation Information

If a Consumer revokes consent, opts out, requests no further contact, or submits a privacy request, you must promptly stop the affected communications and update your systems and vendors. You must provide relevant suppression or revocation information to homeyou when reasonably necessary to honor the Consumer's request across homeyou-controlled systems.

10. Platform Use, Content, and Intellectual Property

10.1 Limited Platform License

Subject to these Terms, homeyou grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Services for your internal business purposes. homeyou and its licensors retain all rights in the Services, software, interfaces, designs, text, graphics, logos, databases, compilations, documentation, and other content.

10.2 Prohibited Conduct

You may not:

  1. Use the Services for an unlawful, fraudulent, deceptive, or unauthorized purpose.
  2. Copy, modify, distribute, sell, lease, sublicense, publicly display, or create derivative works from the Services except as expressly permitted.
  3. Reverse engineer, decompile, disassemble, probe, scan, or attempt to discover source code, nonpublic APIs, vulnerabilities, or underlying ideas.
  4. Scrape, harvest, crawl, index, or use bots, automated queries, or similar tools to collect information from the Services without written permission.
  5. Circumvent access controls, security tools, rate limits, delivery rules, tracking methods, or billing controls.
  6. Upload malware or harmful code, interfere with the Services, overburden infrastructure, or disrupt another user's access.
  7. Access another account, impersonate another person, falsify information, or conceal the origin of a communication.
  8. Remove or alter copyright, trademark, attribution, or proprietary notices.

10.3 Pro Content

You retain ownership of text, images, logos, project information, reviews, responses, profile materials, and other content you submit to the Services, collectively, "Pro Content." You grant homeyou and its affiliates a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, modify for formatting, distribute, display, publish, and otherwise use Pro Content to operate, provide, improve, secure, and promote the Services and your profile. This license continues for materials already used in published or archived content after account termination, unless Applicable Laws require removal.
You represent that you own or control all rights needed for the Pro Content and that homeyou's permitted use will not violate another person's rights or Applicable Laws. homeyou may reject, remove, restrict, or edit Pro Content that violates these Terms or may harm Consumers, homeyou, or another person.

10.4 Feedback

If you provide ideas, suggestions, or feedback about the Services, you grant homeyou an unrestricted, perpetual, irrevocable, worldwide, royalty-free right to use and commercialize that feedback without compensation or attribution.

10.5 Brand Restrictions

You may not register, bid on, purchase, use, or include in advertising copy, keywords, metatags, domains, landing pages, or dynamically inserted advertising any homeyou, Triares, homeyou affiliate, or other homeyou-related name, trademark, trade name, service mark, logo, domain, or confusingly similar term without prior written consent. No license to use homeyou branding is granted except as homeyou expressly authorizes in writing.

10.6 Copyright Complaints

If you believe content available through the Services infringes your copyright, send a written notice to homeyou's Copyright Agent at the address in Section 20.4. The notice must include the information required by 17 U.S.C. Section 512(c)(3). homeyou may remove or restrict access to content and may terminate repeat infringers when appropriate.

11. Third-Party Services and Electronic Communications

11.1 Third-Party Services

The Services may link to or integrate with payment processors, CRM providers, communication providers, maps, data providers, and other third-party services. homeyou does not control and is not responsible for a third party's content, availability, security, policies, or performance. Your use of a third-party service may be governed by separate terms. A link or integration does not imply endorsement.
You authorize homeyou to share information with service providers and contractual partners as reasonably necessary to provide requested functionality, process payments, Deliver Lead Data, support Consumers, prevent fraud, and operate the Services, subject to Applicable Laws and homeyou's Privacy Policy.

11.2 Electronic Communications

You consent to receive agreements, invoices, disclosures, notices, policy updates, and other business communications electronically through email, the Services, or your account. You agree that electronic communications satisfy legal requirements that communications be in writing. Carrier, internet, data, voice, and messaging charges may apply, and homeyou is not responsible for those charges.
Marketing communications remain subject to Applicable Laws and available opt-out methods. Opting out of marketing does not prevent homeyou from sending transactional, billing, security, legal, or service-related messages.

12. Promotions and Referral Programs

homeyou may offer credits, promotions, referral codes, trials, discounts, or other incentives under separate promotional rules. homeyou may determine eligibility, features, amounts, restrictions, and expiration dates. homeyou may withhold, reverse, or cancel a benefit obtained through error, fraud, abuse, unlawful conduct, or violation of the applicable promotional rules or these Terms.
Unless promotional rules state otherwise, referral codes must be distributed without charge and only for genuine referral purposes. You may not sell, trade, barter, publish, or advertise a referral code through paid search, public coupon sites, online marketplaces, automated distribution, or misleading promotions. Promotional credits have no cash value and may be used only as stated in the applicable promotion.

13. Suspension, Cancellation, and Termination

13.1 Cancellation of Future Lead Delivery

You may request deactivation or cancellation of future Lead Data Delivery through available account controls or homeyou support. Cancellation affects future Delivery only. It does not cancel charges for Lead Data already Delivered, pending or completed subscription periods, approved fees, taxes, or other accrued amounts. Applicable Order Terms may include a committed term, notice period, or early termination fee.

13.2 Suspension or Termination by homeyou

homeyou may suspend, restrict, throttle, or terminate Lead Data Delivery, account access, integrations, or any part of the Services immediately, with or without prior notice, for nonpayment, a failed payment method, chargeback, excessive or abusive returns, suspected fraud, misuse of Lead Data, a security incident, Consumer complaints, regulatory concerns, breach of these Terms, failure to maintain required licenses or insurance, risk to Consumers, or conduct that may harm homeyou, its partners, or the integrity of the Services.
homeyou may also modify, restrict, or discontinue any Service or feature. homeyou is not required to maintain a particular integration, delivery method, category, geography, volume, or feature unless applicable Order Terms expressly state otherwise.

13.3 Effect of Termination

Upon termination, you must stop using homeyou's intellectual property, systems, integrations, and Lead Data. You may retain and use Lead Data only to complete lawful communications or services for a Consumer with whom you entered a direct contract before termination. That limited use remains subject to these Terms and Applicable Laws.
You must pay all outstanding Lead Prices, fees, taxes, late charges, collection costs, and other amounts when due. Termination does not entitle you to a refund of amounts already paid unless applicable Order Terms or Applicable Laws expressly require one.

14. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, PLATFORM FEATURES, CRM INTEGRATIONS, CONTENT, AND LEAD DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE." HOMEYOU AND ITS AFFILIATES, LICENSORS, SUPPLIERS, PARTNERS, AND THIRD-PARTY AGGREGATORS DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES. THIS INCLUDES WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

HOMEYOU DOES NOT GUARANTEE THE SOURCE, ACCURACY, VALIDITY, QUALITY, CONTACTABILITY, INTEREST LEVEL, ABILITY TO PAY, OR COMPLETENESS OF LEAD DATA. HOMEYOU DOES NOT GUARANTEE THAT A CONSUMER WILL RESPOND, HIRE YOU, COMPLETE A PROJECT, OR PAY YOU. HOMEYOU DOES NOT GUARANTEE ANY SPECIFIC NUMBER, TYPE, QUALITY, OR VOLUME OF LEADS. HOMEYOU DOES NOT GUARANTEE THAT AN INTEGRATION OR DELIVERY METHOD WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

YOU ARE RESPONSIBLE FOR EVALUATING EACH LEAD, CONSUMER, PROJECT, COMMUNICATION METHOD, AND LEGAL REQUIREMENT. NO INFORMATION PROVIDED BY HOMEYOU CONSTITUTES LEGAL, LICENSING, TAX, OR COMPLIANCE ADVICE.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, the exclusions apply only to the maximum extent permitted by law.

15. Indemnification

You will indemnify, defend, and hold harmless homeyou, its affiliates, licensors, suppliers, partners, Third-Party Aggregators, and each of their officers, directors, members, managers, employees, agents, representatives, successors, and assigns, collectively, the "Indemnified homeyou Parties," from third-party claims, suits, proceedings, investigations, losses, damages, liabilities, penalties, fines, costs, and expenses, including reasonable attorneys' fees and expenses, arising out of or relating to:

  1. Your breach or alleged breach of these Terms, applicable Order Terms, or your representations, warranties, or obligations.
  2. Your access to, use, storage, disclosure, sale, transfer, or communications using Lead Data.
  3. A call, text, email, prerecorded or artificial voice message, marketing communication, Consumer outreach, Do-Not-Call violation, TCPA violation, TSR violation, CAN-SPAM violation, privacy violation, consumer protection violation, call recording violation, or other violation by you or anyone acting for you.
  4. Your services, estimates, contracts, deposits, warranties, refunds, personnel, subcontractors, downstream recipients, property damage, personal injury, liens, encumbrances, taxes, or disputes with Consumers.
  5. Your failure to maintain required licenses, registrations, insurance, bonding, or qualifications.
  6. A data breach, security incident, unauthorized access, unauthorized disclosure, or unlawful processing involving Lead Data or Personal Information after Delivery to you or your systems.
  7. Your fraud, deceptive advertising, unfair business practices, negligence, or willful misconduct.
  8. Your Pro Content, intellectual property, advertising, profile information, or brand use.

homeyou will promptly notify you of a claim, provided that delayed notice relieves you of an obligation only to the extent the delay materially harms your defense. You may control the defense using counsel reasonably acceptable to homeyou. You may not settle a claim in a way that admits fault by an Indemnified homeyou Party, imposes an obligation or restriction on an Indemnified homeyou Party, or fails to provide a full release without homeyou's prior written consent. homeyou may participate with its own counsel at its expense.
homeyou may control the defense of a claim involving its platform, suppliers, Third-Party Aggregators, Lead Data collection practices, consumer disclosures, communications compliance, data security, or reputation. You must reimburse covered costs subject to your indemnity obligations.

16. Limitation of Liability, Waiver, and Release

16.1 Liability Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, HOMEYOU'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THE SERVICES, THESE TERMS, APPLICABLE ORDER TERMS, AN INTEGRATION, OR LEAD DATA WILL NOT EXCEED THE FEES YOU ACTUALLY PAID TO HOMEYOU DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

16.2 Excluded Damages

HOMEYOU AND ITS AFFILIATES, LICENSORS, SUPPLIERS, PARTNERS, AND THIRD-PARTY AGGREGATORS WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, ENHANCED, OR PUNITIVE DAMAGES. THEY WILL NOT BE LIABLE FOR LOST DATA, LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, REPUTATIONAL HARM, OR THE COST OF SUBSTITUTE GOODS OR SERVICES. THESE EXCLUSIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A PARTY WAS ADVISED THAT THE DAMAGES WERE POSSIBLE.

16.3 Lead Data Release

To the fullest extent permitted by law, you release homeyou, its affiliates, suppliers, partners, Third-Party Aggregators, and their respective officers, directors, members, managers, employees, agents, and representatives from claims, liabilities, losses, penalties, legal fees, costs, and expenses arising from your use of Lead Data to call, text, email, market to, or otherwise contact a Consumer. This release includes claims under the TCPA, TSR, CAN-SPAM Act, Do-Not-Call laws, privacy laws, consumer protection laws, call recording laws, and similar federal or state laws.
To the extent California law applies, you expressly waive California Civil Code Section 1542 and any similar law limiting a general release of unknown or unsuspected claims.

16.4 Obligations Not Limited

The liability limitations in your favor do not apply to your payment, indemnity, confidentiality, data security, or Lead Data use, resale, transfer, disclosure, or deletion obligations. Nothing in these Terms excludes liability that cannot lawfully be excluded.

17. Dispute Resolution, Arbitration, and Class Action Waiver

17.1 Informal Dispute Process

Before filing arbitration or a permitted court action, the complaining party must send a written notice describing the dispute, relevant account information, supporting facts, and requested relief. The parties will attempt in good faith to resolve the dispute for 30 days after receipt. A limitations period is tolled during that 30-day period. A notice to homeyou must be sent to the legal notice address in Section 20.4.

17.2 Binding Individual Arbitration

Except for the matters listed in Section 17.3, any dispute, claim, or controversy arising from or relating to these Terms, applicable Order Terms, the Services, your account, Lead Data, or the relationship between you and homeyou must be resolved by final and binding arbitration on an individual basis. The Federal Arbitration Act, 9 U.S.C. Section 1 and following, governs this arbitration agreement.
The American Arbitration Association, "AAA," will administer the arbitration under the AAA rules applicable to the dispute. One neutral arbitrator will conduct the proceeding. The arbitration may occur by video, telephone, document submission, or in person in Massachusetts, as the arbitrator determines after considering the parties' circumstances. The arbitrator may award any individual remedy available in court that is consistent with these Terms, but may not award relief for or against anyone who is not a party to the arbitration.
The arbitrator will decide issues concerning the scope, interpretation, and enforceability of this arbitration agreement, except that a court will decide the enforceability of the class action waiver in Section 17.4. A court with jurisdiction may enter judgment on the award. Unless Applicable Laws require otherwise, the prevailing party is entitled to recover reasonable attorneys' fees and costs.

17.3 Exceptions

Either party may bring an individual action in small claims court if the claim qualifies and remains in that court. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect confidential information, Personal Information, intellectual property, account security, or the integrity of the Services while arbitration is pending. homeyou may pursue collection of undisputed past-due amounts in court or arbitration.

17.4 Class, Collective, Consolidated, and Representative Action Waiver

YOU AND HOMEYOU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY NOT COMBINE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.

17.5 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND HOMEYOU WAIVE ANY RIGHT TO A JURY TRIAL FOR A DISPUTE ARISING FROM OR RELATING TO THESE TERMS, APPLICABLE ORDER TERMS, THE SERVICES, OR LEAD DATA.

If a final court decision makes a portion of this Section 17 unenforceable for a particular claim or remedy, that claim or remedy will proceed in court after all arbitrable claims are resolved. The remainder of this Section will remain effective.

18. Governing Law and Court Venue

Massachusetts law governs these Terms and applicable Order Terms without regard to conflict-of-law rules. For any court action permitted under Section 17, each party submits to the exclusive jurisdiction of the state and federal courts located in Massachusetts and waives objections to personal jurisdiction, venue, or inconvenient forum.

19. Changes to These Terms

homeyou may update these Terms from time to time. Updated Terms will state a new effective date and will apply prospectively. For a material change, homeyou will provide reasonable notice through email, the Services, your account, or another reasonable method before the change takes effect, except when a shorter period is reasonably necessary for legal, regulatory, security, fraud-prevention, or technical reasons. Your continued access to the Services or request, receipt, or use of Lead Data after the effective date constitutes acceptance of the updated Terms.
If you do not agree to an update, you must stop requesting and using future Services and may cancel future Lead Data Delivery under Section 13. An update does not eliminate payment or other obligations that accrued before its effective date.

20. General Terms and Contact Information

20.1 Independent Parties

You and homeyou are independent contractors. These Terms do not create an agency, partnership, franchise, employment, fiduciary, or joint venture relationship. Neither party may bind the other or make commitments on the other's behalf.

20.2 Assignment

You may not assign or transfer these Terms or your account without homeyou's prior written consent. homeyou may assign these Terms to an affiliate or a successor in connection with a merger, reorganization, financing, sale of equity, or sale of all or substantially all relevant assets. homeyou may use subcontractors, vendors, suppliers, call centers, publishers, partners, and Third-Party Aggregators to provide the Services.

20.3 Force Majeure

homeyou is not liable for delay or failure caused by events beyond its reasonable control, including internet or telecommunications failures, utility outages, labor disputes, natural disasters, epidemics, war, terrorism, civil unrest, government action, cyberattacks, vendor failures, or failures of third-party systems.

20.4 Notices

homeyou may send operational and legal notices to the email address in your account, through the Services, or by another reasonable electronic method. You must send formal legal notices to:
Henko Group, LLC
Attention: homeyou pro Legal
30 N Gould St, Ste N
Sheridan, Wyoming 82801
A notice is effective upon receipt or refusal. An email notice is effective on the first business day after transmission if the sender receives no delivery failure notice.

20.5 Entire Agreement and Order of Precedence

These Terms, applicable Order Terms, and documents expressly incorporated by reference form the entire agreement about the Services and supersede prior or contemporaneous communications on that subject. Your purchase order, invoice terms, standard terms, clickwrap terms, or other terms do not bind homeyou unless homeyou expressly accepts them in a later writing signed by an authorized representative.

20.6 Waiver and Remedies

A waiver must be in writing and signed by the party granting it. A failure or delay in enforcing a right is not a waiver. Rights and remedies are cumulative. A breach or threatened breach involving Lead Data, Personal Information, confidentiality, security, intellectual property, or prohibited platform use may cause irreparable harm. homeyou may seek injunctive relief or specific performance without proving actual damages or posting bond, to the extent permitted by law.

20.7 Severability

If a provision is found unenforceable, it will be modified only to the minimum extent necessary to make it enforceable and preserve its purpose. If it cannot be modified, it will be severed. The remaining provisions will remain effective.

20.8 No Third-Party Beneficiaries

Except for the Indemnified homeyou Parties and other persons expressly protected by Sections 14 through 17, these Terms do not create rights for any third party.

20.9 Construction

Headings are for convenience only. "Including" means "including without limitation." "Or" is not exclusive. These Terms will not be interpreted against a party merely because that party drafted them. The English version controls.

20.10 Survival

Payment obligations and Sections 5.5, 7, 8, 9, 10, 13.3, and 14 through 20 survive termination to the extent their nature or stated purpose requires.

20.11 Contact

Questions about these Terms or the Services may be submitted through the support options available in your homeyou Pro account. Formal legal notices and copyright complaints must be sent to the address in Section 20.4.

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