Terms of Service

HomeRender Inc., doing business as HomeFloorPlan ("HomeFloorPlan", "we", "us", "our") welcomes you to its website at https://homefloorplan.io and our other websites ("Site") and use of our online services ("Services"). Before using the Site and Services, please read the following Site terms of service ("Terms of Service"). By accessing and using the Site or by using our Services, you agree to be bound by the Terms of Service set forth herein. If you do not agree with these Terms of Service, your sole recourse is to immediately leave the Site and not use our Services. A copy of these Terms of Service may be downloaded, saved, and printed for your reference.

Acceptance of Terms

By accessing and using our website, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by these terms, please do not use this service.

Description of Service

HomeFloorPlan provides a web-based, subscription platform for construction project management using digital floor plans. Subscribers can upload floor plans, place pin-based comments, track punch lists and inspections, and collaborate with project stakeholders through role-based visibility layers. HomeFloorPlan is operated by HomeRender Inc., which is based in Wilmington, Delaware, USA. https://homefloorplan.io is the official website of HomeFloorPlan.

Access to certain features of the Services requires a paid subscription. By purchasing a subscription, you authorize us, through our third-party payment processor, to charge the applicable recurring fees for the plan you select until you cancel. You may cancel at any time from your account settings, and cancellation takes effect at the end of the then-current billing period. Except where required by law, fees already paid are non-refundable.

Ownership / Restrictions on Use

The Site is owned and operated by HomeFloorPlan and its affiliates. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names, and other information including, without limitation, the "look and feel" of the Site (collectively, the "Content") contained in this Site are proprietary to HomeFloorPlan, its affiliates and/or third-party licensors. Any and all goodwill attaching to any Content accrues to the benefit of HomeFloorPlan The Content is protected by the United States of America, Canadian, and international copyright and trademark laws, and all other applicable intellectual property laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, reverse engineer, create derivative works from, transfer, or sell any Content without the express prior written consent of HomeFloorPlan You may download, print, and reproduce the Content for your own non-commercial, informational purposes provided that you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale, any commercial use, or distribution is strictly prohibited except with the prior written permission of HomeFloorPlan To obtain written consent for such reproduction, please contact us at contact@homefloorplan.io.

Materials You Submit

You hereby acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality, and copyright of any such material. Without limiting the foregoing, you may not upload to, distribute, or otherwise publish through the Site any content that: (i) is confidential, proprietary, false (or places a person in a false light), fraudulent, libelous, defamatory, obscene, harassing, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any applicable law; or (iii) may contain malware, software viruses, political campaigning, chain letters, mass mailings, or any form of "spam" or commercial electronic communications. You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site, harvest or otherwise collect, store or use any information (including email addresses) about other Site users, or alter transmission data.

Concerning any and all material that you submit on the Site, and unless we indicate otherwise, you hereby grant HomeFloorPlan and/or its relevant contract party, as appropriate, an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that HomeFloorPlan and/or its relevant contracting party, as appropriate, is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to us. You hereby grant us and hereby confirm that you have the right to grant us the right to use the name you submit in connection with such material, and you hereby waive any and all moral rights that you may have in and to such material with respect to the uses contemplated herein. You hereby represent and warrant that you own or otherwise control all the rights to the content you post, that the content is accurate, that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity, and that you will indemnify us and our affiliates for all claims and losses resulting from content you supply.

Any other information you submit on or through the website will be treated as non-confidential and non-proprietary. This includes all information you submit directly or indirectly.

Copyright

By using our Site and Services, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Site or its Content without our express written permission.

Registration and Passwords

We maintain safeguards intended to protect the integrity and security of the Site. However, we cannot guarantee that the website will be secure, complete, or correct, or that access to the website will remain uninterrupted.

To access certain portions of the Site, including your account, you may be asked to complete an online registration form. In consideration of your use of this Site and the services provided on it, you agree to provide true, current, complete, and accurate information as requested on any registration form to which this Site may direct you, and update that registration information as soon as possible after any information on such registration form changes.

Upon registration, you may be asked to choose a username and password. You are responsible for keeping that password and username confidential and any activity on this Site under such a password or username. You shall immediately notify HomeFloorPlan of any unauthorized use of your password or username or any other breach of security.

Linking

It is our goal to provide increased value to visitors to the Site. Therefore, the Site might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent of HomeFloorPlan and that HomeFloorPlan has no control over the content of such websites. We are not responsible for the availability, accuracy, or security of such websites. Consequently, HomeFloorPlan cannot be held liable for, and makes no warranty or representation whatsoever as to, the accuracy, timeliness, and/or completeness of the information contained on such websites. You hereby confirm that you will not take, or cause any third party to take, any action against HomeFloorPlan or any of its affiliates regarding any losses (actual or potential) that you may suffer as a result of accessing any such other sites through the Site.

The links which we might place on our Site do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such sites.

Disclaimer / Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY, OR CERTAIN DAMAGES, OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Although we strive to update and keep accurate as much as possible the Content contained on the Site, errors and/or omissions may occur, and we cannot guarantee it is accurate and complete at all times.

ACCORDINGLY, THIS SITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOMEFLOORPLAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OUR SITE AND CONTENT ARE PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE SITE OR THE CONTENT, INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK. HOMEFLOORPLAN DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL HOMEFLOORPLAN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, ANY CONTENT OR SERVICES, EVEN IF HOMEFLOORPLAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF ANY CONTENT.

Indemnity

As a condition of your use of the Site, you hereby warrant to HomeFloorPlan that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

You agree to indemnify and hold harmless HomeFloorPlan, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs, and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of this Site, connection thereto, or any alleged violation by you of these Terms of Service. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you shall be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable legal fees and court costs, arising or resulting from that disruption. HomeFloorPlan reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with HomeFloorPlan in defense of such matter.

Dispute Resolution

This section applies to visitors of the Site who are domiciled or reside in the United States, Canada, the United Kingdom, the European Union, or who access the Site from these regions (including any and all territories thereof).

Any disputes, claims, and causes of action arising out of or connected with your use of the Site (each, a "Dispute") must be submitted exclusively to arbitration to be heard under the applicable arbitration rules of the region. If for any reason, the designated arbitration body is unable or unwilling to conduct the arbitration consistent with these terms, you and we will pick another arbitrator.

You agree that any Dispute between us shall be resolved exclusively in individual (non-class) arbitration. The parties intend to be bound to the applicable Arbitration Act. An arbitration means there will be no jury and no judge.

The arbitrator shall exclusively determine all issues as to the Dispute, applying these Terms. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration. The arbitrator shall not have the power to hear any Dispute as a class action, mass action, or representative action. The arbitrator shall not have any power to issue relief to anyone but You or us.

Disputes that can be fully resolved in small claims court need not be submitted to arbitration.

These Terms and your use of the Site are governed by the laws of the region where you reside, without regard to its choice of law provisions. However, any determination as to whether a Dispute is subject to arbitration or the arbitration's conduct shall be governed exclusively by the applicable Arbitration Act.

Class Action Waiver

THIS SECTION APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAW.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, ALL PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND NO DISPUTE SHALL BE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, OR A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING SHALL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF HOMEFLOORPLAN AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

Privacy

Please review our Privacy Policy for information on the manner in which we collect, use, disclose, and otherwise manage your personal information. By using the Site, you consent to collecting, using, and disclosing the personal information collected by or through the Site, as described in such Privacy Policy.

Changes and Termination

HomeFloorPlan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Further, HomeFloorPlan reserves the right to change these Terms of Service at any time, to notify you by posting a notification on the Site advising that an update to the Terms of Service has been made, and to make the updated Terms of Service readily accessible on the Site. You are responsible for regularly reviewing the Terms of Service. Continued use of the Site after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Site constituting consideration from HomeFloorPlan to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Service, (2) any policy or practice of ours in operating the Site, or (3) any Content available through the Site is to stop visiting and using the Site.

Trademarks

"HomeFloorPlan" and "HomeFloorPlan.io" is a trademark of HomeRender Inc. Other marks, graphics, typefaces, trademarks, and logos appearing on the Site are trademarks or trade dress of HomeRender Inc. or its affiliates. All other trademarks appearing on the Site are the property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

Copyright Infringement

You are hereby informed that HomeFloorPlan has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of HomeFloorPlan's system or network who are repeated copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify: contact@homefloorplan.io

To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that Site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed.

HomeFloorPlan is under no obligation to post, forward, transmit, distribute, or otherwise provide any material available on the Site, including the material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.

Applicable Laws

For all matters, these Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles. Any legal actions, suits, or proceedings arising out of or relating to this Agreement shall be brought exclusively in the federal or state courts located in Delaware, USA.

If any provision of the present Terms of Service shall be unlawful, void, or for any reason is unenforceable, then such provision shall be severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Service and any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Service and any and all other legal notices or statements posted on the Site constitute the entire agreement between you and HomeFloorPlan with respect to the use of the Site, including the Content.

Waiver of Rights and Remedies

Our failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms of Service. Our rights, powers, and remedies in these Terms of Service, including without limitation the right to suspend, restrict or terminate your access to any portion of the Site, are cumulative and in addition to and not in substitution for any right, power, or remedy that may be available to us at law or in equity.

Assignment and Inurement

We may at any time assign our rights and obligations under these Terms of Use, in whole or in part, without notice to you. You may not assign these Terms of Service without our prior, written consent. These Terms of Use will enure to the benefit of and bind you and us and our respective personal and legal representatives, successors, and permitted assigns.

Relationship

No joint venture, partnership, employment, or agency relationship exists between you and us due to these Terms of Service or your use of the Site.

Language

The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English.

Notice

Notices to you may be made via e-mail or regular mail or in cases of changes to these Terms of Service or to the services offered by the Site by posting notices or links to such notices on the Site itself.

Contact

If you have any questions or comments regarding these Terms of Service, please contact us at contact@homefloorplan.io.