Terms of Service

These Terms of Service ("Terms") form a binding legal agreement between you and Halemere ("Halemere," "we," "us," or "our") governing your access to and use of the Halemere website, application, and related services (collectively, the "Service"). By creating an account, checking the box to accept these Terms, or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you may not access or use the Service.

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements and that your use of the Service does not violate any applicable law. The Service is intended for use within the United States; we make no representation that the Service is appropriate or available for use in other locations.

Halemere provides software tools to help homeowners and property owners organize home maintenance, including task tracking, equipment and property records, AI-generated maintenance schedules, parts and replacement suggestions, contractor organization, cost tracking, reminders, and related features. We may add, change, or remove features at any time, and features described as experimental, beta, or "AI-generated" may be less reliable than the rest of the Service (see Section 10).

You must create an account to use most features of the Service. You agree to provide accurate, current, and complete information during registration and to keep that information up to date. You are solely responsible for safeguarding your password and for all activity that occurs under your account, whether or not you authorized it. You agree to notify us immediately at support@halemere.com of any unauthorized use of your account or any other breach of security.

Halemere offers a Free plan and paid subscription plans (currently Pro and Premium) with the features described within the Service. Paid plans are billed in advance on a recurring monthly basis through our third-party payment processor, Stripe. By subscribing to a paid plan, you authorize us and Stripe to charge your chosen payment method for the applicable recurring fees, plus any applicable taxes, until your subscription is cancelled.

We may change subscription prices or plan features from time to time. If we increase the price of a plan you are subscribed to, we will provide notice before the change takes effect, and the new price will apply starting with your next billing cycle unless you cancel before then.

You may cancel your subscription at any time through the Service's billing portal. When you cancel, you will retain access to your paid plan's features until the end of the billing period you have already paid for. After that period ends, your account will revert to the Free plan and any data or functionality exceeding the Free plan's limits may become inaccessible until you resubscribe or bring your account within those limits.

All payments are non-refundable except where required by law. We do not provide refunds or credits for partial billing periods, unused time, downgrades, or plan features you did not use.

From time to time we may make beta, preview, or experimental features available to some or all users. These features are provided "as is," may be modified or discontinued at any time without notice, and may be less stable, accurate, or reliable than generally available features. We may also limit access to certain features based on your subscription plan.

You agree not to, and not to permit others to:

• access or attempt to access the Service using any means other than the interfaces we provide;
• probe, scan, or test the vulnerability of the Service, or breach any security or authentication measures;
• interfere with or disrupt the integrity or performance of the Service or the data it contains;
• reverse engineer, decompile, or disassemble any portion of the Service, except where such restriction is prohibited by law;
• scrape, crawl, or use automated means to access the Service without our prior written consent;
• upload or transmit content that is unlawful, infringing, defamatory, or that violates the privacy or rights of any third party;
• use the Service to build a competing product or service; or
• use the Service in violation of any applicable local, state, national, or international law or regulation.

We reserve the right, but are not obligated, to investigate and take appropriate action against anyone who violates this section, including suspending or terminating the violator's account.

You retain all ownership rights in the property, equipment, task, photo, and other data and content you submit to the Service ("Your Content"). You grant Halemere a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and process Your Content solely for the purposes of operating, providing, and improving the Service, including for the AI-assisted features described in Section 10. You represent that you have all rights necessary to grant this license and that Your Content does not infringe or violate the rights of any third party.

We may remove Your Content or suspend your account if we reasonably believe Your Content violates these Terms or applicable law, though we are under no obligation to monitor Your Content.

Certain features of the Service — including maintenance schedule generation, parts suggestions, and replacement recommendations — use artificial intelligence models (including models provided by Anthropic) to generate suggestions based on the equipment and task information you provide.

No professional advice

AI-generated and Service-provided suggestions are for general informational and organizational purposes only. They are not professional, contracting, engineering, electrical, plumbing, HVAC, structural, safety, financial, tax, or legal advice, and are not a substitute for consultation with a licensed professional. You are solely responsible for evaluating the accuracy, completeness, and suitability of any suggestion before acting on it, and for the selection, licensing, and work of any contractor you engage.

No warranty on accuracy

AI-generated content, part numbers, cost estimates, contractor information, and search results (including any sourced from third-party services such as Google Places) may be inaccurate, outdated, or incomplete. We do not warrant the accuracy, reliability, or completeness of any such content and disclaim liability for actions taken in reliance on it, to the fullest extent permitted by law.

The Service integrates with or links to third-party services, including Stripe (payments), Supabase (data storage and authentication), Google Calendar, Apple Calendar, and Outlook (calendar export), Google Places (contractor and location search), and Anthropic (AI features). We are not responsible for the content, accuracy, availability, or practices of any third-party service, and your use of those services is governed by their own terms and privacy policies.

The Service, including its software, design, text, graphics, logos, and the Halemere name and marks, is owned by Halemere or its licensors and is protected by intellectual property laws. Except for the limited right to use the Service as permitted by these Terms, we grant you no right, title, or interest in the Service, and you may not use our name, logo, or trademarks without our prior written consent.

If you send us feedback, suggestions, or ideas about the Service, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use that feedback for any purpose, including to improve the Service, without any obligation or compensation to you.

If you believe content available through the Service infringes your copyright, please send a written notice to support@halemere.com identifying the copyrighted work, the material you claim is infringing and its location within the Service, and your contact information. We will review and respond to valid notices in accordance with applicable law.

You may stop using the Service and delete your account at any time through the Service or by contacting us. We may suspend or terminate your access to the Service, with or without notice, if you violate these Terms, if required by law, or if we discontinue the Service generally. Sections that by their nature should survive termination — including Sections 9, 10, 12, 16, 17, 18, 19, and 20 — will survive.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU USE THE SERVICE AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, HALEMERE AND ITS OFFICERS, EMPLOYEES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless Halemere and its officers, employees, and service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Service, Your Content, your violation of these Terms, or your violation of any rights of a third party, including any contractor you engage based on information from the Service.

Agreement to arbitrate

You and Halemere agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved by binding individual arbitration, rather than in court, except that either party may bring an individual action in small claims court. This agreement to arbitrate is governed by the Federal Arbitration Act.

Class action waiver

YOU AND HALEMERE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Halemere agree otherwise in writing, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Arbitration procedure

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator and may be conducted based on written submissions alone where permitted by the applicable rules. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Right to opt out

You may opt out of this arbitration agreement by sending written notice to support@halemere.com within 30 days of the date you first agree to these Terms, stating your name, account email, and a clear statement that you wish to opt out of arbitration. If you opt out, Disputes will be resolved under Section 20 (Governing Law) instead.

Except as provided in Section 19, these Terms are governed by the laws of the State of Indiana, United States, without regard to its conflict of law principles. Any Dispute not subject to arbitration (or for which you have validly opted out of arbitration) will be subject to the exclusive jurisdiction of the state and federal courts located in Indiana, and you consent to personal jurisdiction there.

You may not use or export the Service in violation of U.S. export laws and regulations. You represent that you are not located in, and are not a national or resident of, any country subject to a U.S. government embargo, and that you are not on any U.S. government list of prohibited or restricted parties.

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disaster, war, terrorism, labor disputes, internet or infrastructure failures, or failures of our third-party service providers.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Severability

If any provision of these Terms is found unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Halemere regarding the Service and supersede any prior agreements.

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and version number above and, where appropriate, notify you through the Service or by email and ask you to re-accept the updated Terms before you can continue using the Service. Your continued use of the Service after non-material changes take effect constitutes acceptance of the revised Terms.

If you have questions about these Terms, please contact us at support@halemere.com.