Terms of Use

Last Modified: October 1, 2021

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Househappy, Inc. ("Househappy", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.househappy.com, including any content, functionality and services offered on or through www.househappy.com (the "Website"), and any Househappy mobile application (the "App" and, together with the Website, the "Platform"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Platform. By using the Platform, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://househappy.com/about/terms, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

The Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Platform, you represent and warrant that you are legally capable of forming a binding contract with Househappy and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

Home Services

The Platform enables the connection of individuals seeking to obtain services ("Homeowners") and individuals and entities seeking to provide services ("Providers"). Homeowners and Providers together are referred to as "users." The services requested by Homeowners, to be completed by Providers, are "Home Services." Househappy enables communication between Homeowners and Providers; Househappy is not a contractor and does not provide any Home Services.

Relationship with Providers

Househappy is not the employer of any Provider, and we do not supervise, direct, or control a Provider's work or any Home Services. A Provider provides services to Homeowners as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of Househappy for any purpose whatsoever.

Househappy may perform background checks of Providers, and may verify licensing, bonding, and insurance as may be required by state law, at the time of onboarding a Provider; however, Homeowners are responsible for requesting, and are encouraged to request, copies of any necessary licenses, evidence of insurance, and evidence of good standing with local agencies, as may be required by state law.

Househappy may perform background checks of Providers through third parties. Any such background checks are limited to the information provided to Househappy by Providers, and background checks of Providers who are entities are limited to the principal owners of such entities. Househappy may not update any such background checks after they are initially performed.

Account Tiers

Househappy may provide access to different privileges, discounts, or services on or through the Platform to users depending on such user's subscription to one or more account tiers ("Account Tiers"). Househappy may change the privileges, discounts, and services offered to any Account Tier at any time, and no user will be entitled to any refund, offset, or deduction related to such change.

Users must pay any initial or one-time fee for access to a Paid Account at the time of subscription to that Account Tier, unless such initial or one-time fee is waived or otherwise paid through a voucher, promotion, or discount offered by Househappy from time to time. Fees for Account Tiers charged on an annual, monthly, or other recurring basis are Recurring Services (as defined below) subject to the provisions set forth in the section of these Terms of Use titled "Automatically Recurring Charges" below.

Payment for Home Services

Except as otherwise required by applicable law, Homeowners must pay 50% of the cost of all Home Services ordered through the Platform at the time of the order, and the remainder at the time the Home Services are completed. Househappy will process users' payments by charging the credit card, debit card, or other approved payment method provided by the user (the "Payment Method").

All Home Services must be paid for through the Platform, unless otherwise agreed by the applicable Provider and Homeowner. Househappy will not be responsible for any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) incurred by Providers or Homeowners as a result of any payments made or arranged outside of the Platform ("Non-Platform Payments").

Providers are responsible for determining the taxability of Home Services, and remitting any sales taxes to the appropriate governmental agencies. Househappy passes through any sales tax paid by Homeowners to Providers. Regardless of any Provider calculations of the amount of sales tax on any Home Services, Homeowner remains liable for any applicable taxes on Home Services, including sales taxes.

Homeowner hereby authorizes us (or a third party payment processor on our behalf) to charge the Payment Method on file in the Homeowner's account for any Home Services ordered by Homeowner, including the cost of the Home Services and any applicable taxes and fees. Provider hereby authorizes us (or a third party payment processor on our behalf) to charge the Payment Method on file in the Provider's account for any costs or fees the Provider owes to Househappy, including the fees set forth the section of these Terms of Use titled "Rescheduling and Cancellation of Home Services" below. Depending on the Home Services requested, Househappy may charge users on a one-time or recurring basis. You hereby authorize us, in our sole discretion, to place a hold on your Payment Method for any Home Service transaction. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with Househappy must be accurate, complete, and current.

No refunds or credits will be provided once your Payment Method has been charged, except in Househappy's sole discretion. While we will use commercially reasonable efforts to ensure the security of all credit card, debit card, banking, and all other personal information, WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DAMAGE THAT MAY RESULT SHOULD ANY SUCH INFORMATION BE RELEASED TO ANY THIRD PARTIES, AND YOU AGREE TO HOLD US HARMLESS FOR ANY DAMAGES THAT MAY RESULT THEREFROM. Homeowners are liable for the payment of any and all applicable taxes on any Home Services.

If we determine that a user's actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Househappy or third parties, then Househappy may withhold any payments to you for as long as we determine any related risks to Househappy or third parties persist. For any amounts that we determine you owe us, we may, in our sole discretion, (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate these Terms of Use, then we may in our sole discretion permanently withhold any payments to you.

Automatically Recurring Charges

The following provisions apply to a Homeowner who has elected to participate in automatically recurring Home Services or other memberships through the Platform (each a "Recurring Service"):

Homeowners will be charged immediately upon signing up for a Recurring Service. THEREAFTER, THE HOMEOWNER'S AGREEMENT TO PAY FOR THE HOME SERVICE WILL AUTOMATICALLY RENEW ON THE SCHEDULE, AND HOMEOWNER'S PAYMENT METHOD WILL BE CHARGED THE SAME AMOUNT, AS ORIGINALLY DISCLOSED TO HOMEOWNER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE. HOMEOWNER WILL ALSO BE CHARGED FOR ANY APPLICABLE FEES AND TAXES IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED HOME SERVICE APPOINTMENT. ANNUAL MEMBERSHIP FEES WILL BE CHARGED AUTOMATICALLY ON THE ANNIVERSARY DATE OF HOMEOWNER'S INITIAL AGREEMENT UNTIL CANCELLED BY HOUSEHAPPY OR UNTIL HOMEOWNER ELECTS TO CANCEL THE ANNUAL MEMBERSHIP AS SET FORTH BELOW.

Homeowners may cancel any Recurring Service at any time by contacting Househappy at CONCIERGE@HOUSEHAPPY.COM OR (855) 694-7868. HOMEOWNERS MUST CANCEL MORE THAN FIVE BUSINESS DAYS PRIOR TO THEIR NEXT RECURRING SERVICE IN ORDER TO AVOID BEING CHARGED THE STANDARD CANCELLATION FEES SET FORTH IN THE SECTION BELOW. Cancellation of Recurring Service will not entitle Homeowner to a refund for any amounts already paid.

Rescheduling and Cancellation of Home Services

Users may reschedule or cancel scheduled Home Services through the Platform at any time, subject to the following conditions except as otherwise required by applicable law: (i) if a user reschedules or cancels more than 24 hours before a scheduled Home Service appointment, there is no cancellation fee; (ii) if a user reschedules or cancels between 2-24 hours before a scheduled Home Service appointment, the user will be charged a $15 cancellation fee; and (iii) if a user reschedules or cancels less than 2 hours before a scheduled Home Service appointment, the user will be charged 50% of the full Home Service amount, up to $100. If the Homeowner has agreed with the Provider to extend or reduce the hours in or to reschedule a requested Home Service, the Homeowner must notify Househappy. For purposes of this section, missed appointments are considered cancellations with less than 2 hours' notice.

When a Provider cancels a scheduled Home Service appointment, the Platform generally notifies the Homeowner and makes the Homeowner's Home Service request available for another Provider to select. Househappy does not guarantee that a canceled Home Service appointment will be selected by another Provider and rescheduled or that the Home Service request will be completed.

Satisfaction Guarantee

Househappy provides certain limited protections to Homeowners related to Home Services, as set forth in this section of these Terms of Use (the "Satisfaction Guarantee"). Pursuant to the Satisfaction Guarantee, and subject to the below terms, conditions, and exclusions, Househappy may compensate Homeowners for: (i) up to $2,500 per Home Service for losses arising from property damage as a direct result of negligence of a Provider during performance of a Home Service; (ii) up to $1,000 per Home Service for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Provider during the performance of a Home Service; or (iii) up to $2,500, in the aggregate, for losses arising from theft of a Homeowner's property by a Provider during performance of a Home Service. In lieu of cash payment to a Homeowner pursuant to the Satisfaction Guarantee, Househappy may, in its sole discretion, elect to have any property that qualifies for the Satisfaction Guarantee repaired or replaced.

A Homeowner is only eligible for the Satisfaction Guarantee if the Homeowner reports the issue within 72 hours of the Home Service appointment by contacting us at concierge@househappy.com or (855) 694-7868. To report a claim, Homeowner must report the issue within 72 hours of the Home Service appointment, for the claim to be eligible for the Satisfaction Guarantee. For Recurring Services, each Home Service is treated as a separate occurrence. Homeowner must then fill out a claim form within 7 days of receiving the form from Househappy. If the Homeowner does not complete the claim form in its entirety within 7 days of receipt, the claim will no longer be eligible for the Satisfaction Guarantee. Househappy may require the Homeowner to provide written documentation of: (i) proof of ownership of damaged or missing item; (ii) proof of value of damaged or missing item; and (iii) proof of damage or loss. If Househappy requests any such information, the Homeowner will have 30 days from the date of the request to send Househappy the requested information, in a form acceptable to Househappy, in its sole discretion. If the Homeowner fails to provide the requested information within the 30 day time period, the claim will be considered closed and no longer eligible for the Satisfaction Guarantee.

If a Homeowner carries insurance that would cover the Homeowner in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), the Homeowner's Personal Insurance is primary and the Satisfaction Guarantee is secondary. The Satisfaction Guarantee will only compensate a Homeowner for losses to the extent not otherwise covered by the Homeowner's Personal Insurance and only as otherwise permitted under these Terms of Use.

The Satisfaction Guarantee is only available when:

the Home Service is agreed to between a Homeowner and a Provider using the Platform, performed by the Provider hired by the Homeowner and paid for in full through the Platform;
the Homeowner has not violated these Terms of Use;
the Homeowner reported the claim within 72 hours of the Home Service and submitted a complete claim form to Househappy within 7 days of receiving the form;
the Homeowner's user account is in good standing and there are no outstanding balances owed to Househappy;
the Homeowner has identified fragile and other breakable items and communicated the location and identity of those items to the Provider prior to the start of the Home Service; and
the Homeowner accounted for and secured all valuables prior to the start of the Home Service.

The Satisfaction Guarantee is not available for:

Home Services that are requested outside of the Platform;
Home Services that are not booked and paid for directly on the Platform;
losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
losses arising from the acts or omissions of the Homeowner or third party;
losses arising from the negligence or misconduct of a third party;
losses arising from a manufacturer or a product's defects;
losses from pre-existing damages or conditions of the item or property;
losses arising from items supplied by the Homeowner or arising from Homeowner's specifications or recommendations;
losses arising from flooding and/or water damage including mold, fungi or bacteria;
losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
losses of cash, gift cards, credit cards, debit cards, checks, securities, and any similar items;
losses as a result of an intentional wrongful act by a Provider;
losses arising from normal wear and tear;
losses that are cosmetic in nature on items that retain their functionality;
losses for items of fine art, which includes but is not limited to: paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
losses for damage beyond the area specifically damaged in the performance of the Home Service;
loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
losses excluded pursuant to the section of these Terms of Use titled "Limitation on Liability," below;
losses based on sentimental and/or undocumented intangible value;
losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
losses related to repairs outside of the area where the Home Services were performed;
losses of pets or losses related to pets;
losses related to damage to, or theft of, motor vehicles;
losses related to damage to shared or common areas;
losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
losses of theft without a valid police report, if requested by Househappy;
losses with insufficient documentation, as determined by Househappy in its sole discretion;
losses occurring after, or unrelated to, the performance of a Home Service;
losses involving products or services, or uses of either, that are prohibited by law;
losses due to unforeseeable or latent defects in the premises; and
losses reported by third parties.

The Homeowner agrees to: (i) protect and preserve any damaged property that is the basis of a claim from further damage; (ii) assist and allow access to Househappy or its agents to inspect and make copies, photographs and recordings of anything relating to the claim; (iii) accept repairs and/or remediation by a Provider; (iv) accept a replacement or repair, as determined by Househappy in its sole discretion, subject to any depreciation of the item being repaired or replaced; and (v) submit all requested materials by the dates required by Househappy.

If any part of a Homeowner's claim is approved by Househappy, then as a condition to any payment to the Homeowner under the Satisfaction Guarantee, the Homeowner must execute and deliver to Househappy a release agreement within 14 days of receipt of the release agreement from Househappy, and assign to Househappy or its insurer any rights and remedies the Homeowner may have to recover amounts paid to Homeowner with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to Househappy within 14 days of the Homeowner's receipt, and the claim shall no longer be eligible for the Satisfaction Guarantee.

EXCEPT FOR THE LIMITED SATISFACTION GUARANTEE SET OUT IN THESE TERMS OF USE, HOUSEHAPPY MAKES NO OTHER WARRANTY WHATSOEVER WITH RESPECT TO THE HOME SERVICES AND THIS SATISFACTION GUARANTEE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.

Loyalty Points

Househappy may provide certain users with loyalty points ("Loyalty Points") solely for redemption for Home Services through the Platform and solely for use as approved by Househappy. Loyalty Points have no intrinsic value, are promotional in nature, have no cash value, may have certain restrictions including expiration dates and short, time-limited redemption periods. Loyalty Points are personal to you and cannot be shared, copied or transferred.

Loyalty Points may take 24 hours or more to be credited to your account. Househappy is not responsible for, or liable to, you, or any person or entity, in any way for any losses, costs or expenses incurred by a delay, error or omission in crediting a qualifying purchase or activity to your account. Househappy may place limitations on the use of Loyalty Points, including on use in conjunction with any other promotional or incentive offer from Househappy. Loyalty Points cannot be used for previous purchases, credits, or the purchase of gift cards, and cannot be used to make a payment towards third party items. Loyalty Points are void in the event of fraud, misuse, or violation of these Terms of Use, or if sold for cash or other consideration. Some users may not be eligible to receive Loyalty Points. Househappy reserves the right to change, modify or update the Loyalty Points program and the qualifying purchases and activities from time to time without notice. Loyalty Points may be subject to additional terms and may expire. Househappy reserves the right to cancel any Loyalty Points at any time. No refunds will be granted for any expired or canceled Loyalty Points.

Vouchers (also known as Account Credits)

Househappy vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and may be used to pay in part or in full for Home Services. You may only use one Voucher per person, per property, and must use Vouchers in accordance with any additional terms and conditions Househappy may include with the Voucher. Vouchers are redeemable only for Home Services. Vouchers have no intrinsic value, are promotional in nature, have no cash value, may have certain restrictions including expiration dates and short, time-limited redemption periods. Vouchers are personal to you and cannot be shared, copied or transferred. Some users may not be eligible to receive or use Vouchers, in Househappy's sole discretion. Vouchers are not replaceable if lost or stolen, and cannot be combined with any other discounts, Loyalty Points, or coupons. Vouchers cannot be used for previous purchases, credits, or the purchase of gift cards, and cannot be used to make a payment towards third party items. We reserve the right to limit quantities of Vouchers obtained or used by any user and to cancel a Voucher if we believe that the Voucher was obtained through fraudulent or unauthorized means. Unused Vouchers are not transferable, and you may not sell a Voucher or otherwise barter for its exchange. A Voucher is void if copied, altered, transferred, purchased or sold.

Gift Certificates

Househappy gift certificates ("Gift Certificates") are redeemable only for Home Services. Gift Certificates have no cash value and are not redeemable for cash unless otherwise required by law. Gift Certificates must be presented at the time of purchase and any available balance will be applied to your purchase. Gift Certificates do not expire and there are no inactivity, dormancy or service fees associated with Gift Certificates. You agree to comply with any additional terms and conditions related to Gift Certificates that Househappy may impose, in its sole discretion.

Purchases of Gift Certificates from Househappy are final and not refundable. Gift Certificates are not replaceable if lost or stolen, and cannot be combined with any other Gift Certificates, Vouchers, discount codes, or other coupons. Gift Certificates cannot be used for previous purchases, credits, or the purchase of Gift Certificates, and cannot be used to make a payment towards third party items or to pay the balance on a credit card.

We reserve the right to limit quantities of Gift Certificates purchased by any person or entity and to cancel a Gift Certificate if we believe that the Gift Certificate was obtained through fraudulent or unauthorized means. You may not purchase or obtain more than $2,000 in Gift Certificate value in any one day regardless of location, whether on a single Gift Certificate or multiple Gift Certificates. You may not purchase or obtain any one Gift Certificate with a value of more than $1,000 in any one day. No credit card, credit line, overdraft protection, or deposit account is associated with Gift Certificates. Unused Gift Certificate balances are not transferable, and you may not sell a Gift Certificate or otherwise barter for its exchange although you may give a Gift Certificate to someone else as a gift. A Gift Certificate is void if copied, altered, transferred, purchased or sold. Househappy reserves the right to correct the balance of a Gift Certificate if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.

Gift Certificates and their use are subject to these Terms of Use (including Househappy's Privacy Policy). If any applicable laws or regulations Gift Certificate require additional or different terms and conditions, then such terms and conditions shall apply. In the event you do not use your Gift Certificate for a certain period of time, we may be required to turn over the remaining Gift Certificate balance to a state under such state's unclaimed or abandoned property law. Although your Gift Certificate does not expire, if we are obligated to turn over the remaining balance of your Gift Certificate under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Certificate and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Certificate balance. To protect your right to continue to use your remaining Gift Certificate balance, we will make reasonable efforts to exempt your Gift Certificate from state unclaimed property laws.

Permission to Contact

You hereby grant Househappy and its representatives permission to contact you by text or voice call at the phone number associated with your account for any purpose related to: Home Services; the Platform; and for marketing purposes. You will be responsible for any carrier charges or fees associated with receiving such texts or voice calls.

You may revoke your consent to receive texts or voice calls for marketing purposes at any time by contacting Househappy at: support@househappy.com or (855) 694-7868.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter.

Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Platform and Account Security

We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Platform.
Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete. You agree that all information you provide to register with the Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The Platform is provided "AS-IS" and "AS AVAILABLE" and we assume no responsibility for the timeliness, accuracy, integrity, deletion, or failure to deliver, store or delete, any content. We reserve the right at any time to modify or discontinue, temporarily or permanently, any or all of the Platform with or without notice and without any liability whatsoever.

Intellectual Property Rights

The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Househappy, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Homeowners must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: marketing@househappy.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Househappy. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Househappy, Inc. name, the terms Househappy, Househappy.com, the Househappy logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Househappy. You must not use such marks without the prior written permission of Househappy. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate Househappy, a Househappy employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm Househappy or users of the Platform or expose them to liability.

Additionally, you agree not to:

Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
Use any robot, spider, or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Platform.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.

Attempt to mirror on any other web site any portion of the Platform or display through your own website any results pages or other information from the Platform without Househappy's express permission.
Attempt to access, tamper with or use non-public areas of the Platform; or probe or scann in an attempt to test the vulnerability of any Househappy system or network.
Forge any TCP/IP packet header or any part of the packet and/or header information in any email or commentary posting, or in any way use any part of the Platform to send altered, deceptive or false source-identifying information.
Access Househappy's local or mobile APIs by any other means other than the Househappy application itself.
Attempt to collect, crawl, scrape, or otherwise cache any content from Househappy, including but not limited to, user profiles and photos.
Use web URLs in your user name without prior written consent.
Otherwise attempt to interfere with the proper working of the Platform.

User Contributions

The Platform may contain blogs and product profiles that allow comment or other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us, our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us, our licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Househappy, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for Househappy.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS HOUSEHAPPY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HOUSEHAPPY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HOUSEHAPPY OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake a review of material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Recruit or solicit any other user or guest for any third-party service, application, or website that is competitive to Househappy.

Copyright Infringement

If you believe that any material on the Platform violates your copyright, please send a notice of copyright infringement to support@househappy.com.

Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes. Househappy does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Househappy disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Househappy, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Househappy. Househappy is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Platform

Househappy may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and Househappy is under no obligation to update such material.

Information About You and Your Visits to the Platform

All information Househappy collects on the Platform is subject to its Privacy Policy. By using the Platform, you consent to all actions taken by Househappy with respect to your information in compliance with the Privacy Policy.

Linking to the Platform

You may link to Househappy's Platform, provided you do so in a way that is fair and legal and does not damage Househappy's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Househappy without its express consent.

The Platform may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Platform.
Send e-mails or other communications with certain content, or links to certain content, on the Platform.
Cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by Househappy and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
Otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with Househappy in causing any unauthorized framing or linking immediately to cease. Househappy reserves the right to withdraw linking permission without notice.

Househappy may disable all or any social media features and any links at any time without notice in its discretion.

Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Househappy has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Platform is based in the State of Delaware in the United States. Househappy provides the Platform for use only by persons located in the United States. Househappy makes no claims that the Platform or any of its content is accessible or appropriate outside of the United States. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that Househappy cannot and does not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, HOUSEHAPPY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HOUSEHAPPY NOR ANY PERSON ASSOCIATED WITH HOUSEHAPPY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER HOUSEHAPPY NOR ANYONE ASSOCIATED WITH HOUSEHAPPY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

EXCEPT FOR THE LIMITED SATISFACTION GUARANTEE SET OUT IN THESE TERMS OF USE, TO THE FULLEST EXTENT PROVIDED BY LAW, HOUSEHAPPY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HOUSEHAPPY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, OR ANY NON-PLATFORM PAYMENTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

Except as otherwise required by applicable law, you agree to defend, indemnify and hold harmless Househappy, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use, any Non-Platform Payments, or your use of the Platform, any use of the Platform's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.

Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware although Househappy retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Househappy's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law. You and Househappy agree to bring any dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action. The interpretation, applicability, enforceability or formation of the foregoing waiver may only be determined by a court and not an arbitrator.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Househappy of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Househappy to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Househappy, Inc. with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

Your Comments and Concerns

The Platform is operated by Househappy, Inc., 5757 S Macadam Ave, Suite 100, Portland, OR 97239.

All other feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: support@househappy.com or (855) 694-7868.