1. CONTRACTUAL RELATIONSHIP BETWEEN USER AND COMPANY

These Terms and conditions of Use govern the access or use by you, an individual, of content, products, applications, websites, and services made available by Homtechs. In these Terms, the words "including" and "include" shall be read and inferred to mean "including, but not limited to."

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICES.

These terms establish a contractual relationship between you and Homtechs, and your use and access of the Services constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements with you.  Homtechs may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason, notwithstanding the provisions of these Terms.

Supplemental and/or amended terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental/amended terms will be disclosed to you in connection with the applicable Services for a particular event, activity or promotion, as applicable. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. In the event of any conflict between Supplemental terms and these Terms, then the Supplemental terms shall prevail.

Homtechs, Inc. may amend the Terms related to the Services from time to time in Homtechs’s sole discretion. Amendments to the Terms will be effective upon Homtechs's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. It is your responsibility to determine if the Terms have been amended prior to each use of the Services, and your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in Homtechs's Privacy Policy.

2. THE “SERVICES”

The Services constitute a technology platform that connects i) users of Homtechs's mobile applications or websites provided as part of the Services (each, an "Application") who are seeking repair services for cellular phones, tablets, PC or laptop computers, installation of TV or smart home devices, or related digital device support services to ii) a network of third party repair technicians, including independent third party repair technicians and third party logistics providers under agreement with  Homtechs (“Third Party Professionals”). The Services are made available solely for your personal/noncommercial use unless otherwise agreed in writing in a separate agreement with you.

 

  Homtechs DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROFESSIONALS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A THIRD PARTY PROFESSIONAL WILL MEET YOUR NEEDS AND EXPECTATIONS. UNDER NO CIRCUMSTANCES WILL   Homtechs PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROFESSIONAL. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROFESSIONALS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT YOUR USE OF THIRD PARTY PROFESSIONALS ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. Homtechs NOT HAVE ANY LIABILITY WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH THIRD PARTY PROFESSIONALS.

A. LICENSE

So long as you are in (and remain in) compliance with these Terms,   Homtechs grants you a limited, non-exclusive, non-sublicensable, revocable at Homtechs's sole discretion, and non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by  Homtechs and  Homtechs licensors, if any.

B. RESTRICTIONS

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) exploit the Services, including but not limited to reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, or broadcast the Services except, as expressly permitted by Homtechs; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services without the express written consent of   Homtechs ; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

C. THIRD-PARTY SERVICES AND CONTENT

The Services may be made available or accessed in connection with third-party services and content (including advertising) that   Homtechs did not direct and has no control over. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. You are hereby notified that   Homtechs  does not endorse such third party services and content and in no event shall   Homtechs  be responsible or liable for any products or services of such Third Party Professionals. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary's referenced above terms of service.   Homtechs  is not affiliated with Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited, and/or any manufacturer of various devices that incorporate the preceding entities’ operating systems or software.

D. OWNERSHIP

The Services and all rights therein are and shall remain   Homtechs 's property or the property of   Homtechs 's licensors (if any).

Under no circumstances, unless otherwise agreed in writing by  Homtechs, will these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner   Homtechs 's company names, logos, product and service names, trademarks or services marks or those of Homtechs 's licensor.   Homtechs will aggressively defend any and all of its rights to ownership.

3. USE OF THE SERVICES

A. USER ACCOUNTS

You must register for and maintain an active personal user Services account ("Account") in order to use most aspects of the Services. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to   Homtechs  certain personal information, such as your name, mobile phone number and age, as well as at least one valid form of payment. In order to continue using the Services, you agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services or   Homtechs 's termination of these Terms with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Homtechs  in writing, you may only possess one Account.   Homtechs  may terminate these Terms and its relationship with you for any violation of these Terms.

If you invite a guest to participate in the Services, you acknowledge and agree that (a) you will indemnify, defend, and hold   Homtechs  harmless from any claims, allegations, damages, or other demands against   Homtechs for any and all damages alleged or sustained by such guest, and (b) you acknowledge that you have obtained from such guest a copy of these Terms signed and agreed to by such guest. You agree that you will transmit to Homtechs a true and correct copy of the Terms signed by the guest upon written demand.

C. CONSENT TO RECEIVE SMS MESSAGES

You agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. If at any time you determine you no longer want to receive text (SMS) message you may opt-out of receiving such messages by emailing Homtechs  with your request. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.