ServiceHome MOBILE APPLICATION END USER LICENSE AGREEMENT
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE OR THE APP YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE OR THROUGH THE APP. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE OR THE APP.
This End User License ("License") is between you and Scorpion Design, LLC ("ServiceHome") and governs your use of the ServiceHome mobile application (the "App"). The App allows you to use certain aspects of ServiceHome’s services, available at www.ServiceHome.com as well as certain specific features only available through the App (the "Service").
1. Parties. This License is between you and ServiceHome only, and not with the app distributor or operating system of your mobile device (e.g. Apple, Android, Amazon, Nokia, Samsung or Microsoft). ServiceHome, not these companies, is solely responsible for the App and its content. Depending on your mobile device operating system or the App distributor and their applicable app store terms of service, your mobile device operator or App distributor may have the right to enforce this License against you as a third party beneficiary.
2. Terms of Service. Your use of the Service through the App is subject to the ServiceHome Terms of Service which is made a part of this License.
3. Articles, Tips and Other Content. ServiceHome may provide certain content and/or resources related to home improvement, repair, and maintenance (“Articles”) on the ServiceHome website, and via mobile applications owned and operated by ServiceHome. Such Articles are provided without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
5. Limited License. ServiceHome grants you a limited, non-exclusive, non-transferrable, revocable license to use the App for your personal, non-commercial purposes. You may only use the App on a device that you own or control and as permitted by the terms of service of the app store where you may have downloaded the app.
6. Warranty. The App is provided for free on an "as is" basis. As such, ServiceHome disclaims all warranties about the App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, ServiceHome, not the app distributor or operating system of your mobile device, shall be solely responsible for such warranty.
7. Payment. You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). ServiceHome will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, including a booking fee.
All Charges and payments will be enabled by ServiceHome using the preferred payment method designated in your account, after which you will receive a receipt by email. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that ServiceHome may use a secondary payment method in your account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by ServiceHome.
As between you and ServiceHome, ServiceHome reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in ServiceHome's sole discretion. ServiceHome may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a third party provider’s behalf. After you have received services or goods obtained through the Service, you may have the opportunity to rate your experience and leave additional feedback. ServiceHome may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any third party providers or other third parties.
8. Maintenance and Support. ServiceHome provides limited support for the App and the App is provided "as is." To the extent that any maintenance or support is required by applicable law, ServiceHome, not the app distributor or operating system of your mobile device, shall be obligated to furnish any such maintenance or support.
9. Third Party Intellectual Property Claims. ServiceHome shall not be obligated to indemnify or defend you with respect to any third party claim arising out of or relating to the App. To the extent ServiceHome is required to provide indemnification by applicable law, ServiceHome, not the app distributor or operating system of your mobile device, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the App or your use of it infringes any third party intellectual property rights.
10. Product Claims. ServiceHome, not the app distributor or operating system of your mobile device, is responsible for addressing any claims by you relating to the App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this license shall be deemed an admission that you may have such claims.
11. U.S. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
12. Text Messaging and Telephone Calls. You agree that ServiceHome may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an ServiceHome account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from ServiceHome at any time, either by replying to the message sent texting the word “STOP” using the mobile device that is receiving the messages, or by contacting email@example.com. If you do not choose to opt out, ServiceHome may contact you.
13. User Provided Content. ServiceHome may, in ServiceHome's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to ServiceHome through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to ServiceHome, you grant ServiceHome a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and ServiceHome's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant ServiceHome the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor ServiceHome's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by ServiceHome in its sole discretion, whether or not such material may be protected by law. ServiceHome may, but shall not be obligated to, review, monitor, or remove User Content, at ServiceHome's sole discretion and at any time and for any reason, without notice to you.
14. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. ServiceHome does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
15. Contact Information. Should you have any questions, complaints, or claims relating to the ServiceHome App, please contact us at firstname.lastname@example.org.