Terms of Service

1. What this agreement covers

These Terms of Service (the “Terms”) govern your access to and use of EasyHomeWatch (the “Platform”), a product of BuildingThoughts LLC (“we”, “us”). By creating an account, or by using the Platform, you agree to these Terms. If you are agreeing on behalf of a company, you confirm you are authorised to bind that company, and “you” means that company.

Three parties come up repeatedly and are worth naming clearly:

• Us — BuildingThoughts LLC, who write and host the software.
• You — the home watch or property-services business that subscribes to the Platform.
• Your Clients — the property owners you serve, who may book visits through your site or sign in to your customer portal.

Your Clients are your customers, not ours. We have no contract with them.

2. We provide software, not home watch services

This is the most important term in this document. BuildingThoughts LLC is a software company. We do not visit properties, inspect homes, hold keys, respond to alarms, arrange repairs, or perform any home watch, property management, security, cleaning, maintenance or caretaking service of any kind. We are not a party to the agreement between you and your Clients, we do not supervise your work, and we do not vet, endorse, employ or control you or anyone you send to a property.

Everything that happens at a property is between you and your Client. You are solely responsible for the services you sell, how you perform them, what you promise, the people you send, your licensing and insurance, and any loss, damage, injury, theft or missed problem arising from your work or your failure to do it. Nothing in the Platform — a checklist, a reminder, a schedule, a report template — is professional advice or a substitute for your own judgement, and completing something in the software is not evidence that it was done properly in the world.

3. Your account

You need an account to use the Platform. You must give accurate information, keep your credentials confidential, and you are responsible for everything done under your account and by the users you invite to it. Tell us promptly if you believe an account has been compromised. You must be at least 18 and legally able to enter contracts.

Each business account is its own workspace. You are responsible for who you grant access to and for removing people when they leave.

4. Plans, trials and payment

The Platform is sold as a subscription. Current plans and prices are shown on our pricing page and may change; we will give you notice before a change affects a subscription you already hold, and a price change takes effect at your next renewal.

• Free trials run for the period stated at signup. If you do not subscribe before the trial ends, access to paid features stops.
• Subscriptions renew automatically for successive periods until cancelled.
• Fees are charged in advance and, except where the law requires otherwise, are non-refundable, including for partial periods and for periods in which you did not use the Platform.
• You may cancel at any time from your billing settings. Cancellation takes effect at the end of the period you have already paid for.
• If a payment fails we may suspend or downgrade paid features after notifying you.
• Fees are exclusive of taxes; you are responsible for any tax on your purchase other than tax on our income.

Subscription payments are processed by our payment processor. We do not store your full card details.

5. Payments from your Clients

If you enable invoicing and online payments, you connect your own account with our payment processor (currently Stripe). Money your Clients pay you goes directly to your account, on the terms of your agreement with that processor. We never take custody of those funds.

This means we are not the seller or merchant of record for anything you sell. You are responsible for what you charge, your refund and cancellation policy, chargebacks and disputes, sales tax, and complying with the processor's own terms and with card network rules. If the processor holds, delays, reverses or closes your account, that is a matter between you and them; we cannot release funds we do not hold.

6. Your content and your public site

The Platform lets you build and publish a public site, and to store records, photos, documents and customer information (together, “Your Content”). Your Content is yours. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit and display it strictly as needed to operate the Platform for you, including publishing the pages you choose to publish and making backups. That licence ends when the content is deleted, other than for backup copies which age out on our normal cycle.

You are responsible for Your Content: that you have the rights to it, that it is lawful and accurate, and that any claim you publish about your business, your insurance, your licensing or your results is true. We do not review or approve what you publish.

If we let you attach a custom domain, you are responsible for owning it and for the DNS records you point at us.

7. Your Clients' personal information

When you use the Platform you decide what information about your Clients and their properties to collect and store. As between us, you control that information and we process it on your behalf and on your instructions. You are responsible for having a lawful basis to collect it, for telling your Clients what you do with it in your own privacy policy, and for handling their requests about it. Our Privacy Policy explains how we handle information on both sides of that line.

Property access details deserve particular care. If you store gate codes, alarm codes, key locations or similar, you are responsible for whether that is appropriate, who in your business can see it, and for the consequences if it is misused.

8. Acceptable use

You agree not to, and not to let anyone using your account:

• use the Platform for anything unlawful, deceptive, or in breach of anyone's rights;
• publish content that is fraudulent, defamatory, obscene, harassing, or that impersonates someone;
• send unsolicited bulk messages to people who have not agreed to hear from you;
• attempt to access another business's workspace, data or account, or probe, scan or test the security of the Platform without our written permission;
• interfere with the Platform's operation, circumvent usage limits or feature gates, or place unreasonable load on it;
• reverse engineer, decompile, resell, sublicense or white-label the Platform except as we expressly allow;
• upload malware, or content you do not have the right to upload.

9. Our intellectual property

The Platform, its software, design, templates and branding remain ours. Subject to these Terms and to your paying the applicable fees, we grant you a limited, non-exclusive, non-transferable right to use the Platform for your business during your subscription. Nothing else is granted. Feedback you send us we may use freely, without obligation to you.

10. Availability and support

We work to keep the Platform available and will give notice of planned maintenance where we reasonably can, but we do not promise uninterrupted or error-free service and we offer no uptime guarantee unless we have signed a separate written agreement saying otherwise. We may change, add or remove features over time; if we remove something you materially rely on, you may cancel and we will refund the unused portion of your current period.

Keep your own copies of anything you cannot afford to lose. We take backups for our own operational purposes and they are not a substitute for your records.

11. Disclaimer of warranties

To the fullest extent permitted by law, the Platform is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Platform will meet your requirements, that it will be uninterrupted, secure or error-free, or that any data it holds is accurate or complete.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

12. Limitation of liability

To the fullest extent permitted by law, neither BuildingThoughts LLC nor its owners, officers, employees or suppliers will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill or lost or corrupted data, however caused and on any theory of liability, even if we have been advised of the possibility.

In particular, and without limiting section 2, we are not liable for any loss, damage, theft, injury, death, property damage or claim arising from services you did or did not perform at a property, from a visit that was missed, late, incomplete or incorrectly recorded, from a notification that was not delivered, or from anything a Client, employee, contractor or third party does.

Our total aggregate liability arising out of or relating to these Terms or the Platform, for all claims combined, will not exceed the greater of (a) the total fees you actually paid us in the twelve months immediately before the event giving rise to the claim, and (b) one hundred US dollars (US$100).

These limits apply even if a limited remedy fails of its essential purpose, and they reflect an agreed allocation of risk which is part of the basis of the price charged.

13. Indemnity

You will defend, indemnify and hold harmless BuildingThoughts LLC and its owners, officers and employees from and against any claim, demand, proceeding, loss, liability, damage, fine, cost or expense (including reasonable legal fees) arising out of or relating to: (a) the services you provide or fail to provide to your Clients; (b) Your Content and your public site; (c) your use of the Platform in breach of these Terms or of any law; (d) your handling of personal information; (e) any dispute between you and a Client, employee or contractor; and (f) amounts you charge, refund or fail to refund. We will notify you of any such claim and you may control the defence, provided you do not settle in a way that admits fault on our part or imposes an obligation on us without our written consent.

14. Suspension and termination

You may stop using the Platform and cancel at any time. We may suspend or terminate your access if you materially breach these Terms, if your payment fails and stays unpaid, if we are required to by law, or if your use creates risk or legal exposure for us or for other customers. Where it is practical and lawful we will warn you first and give you a chance to fix the problem.

After termination, we will make Your Content available for export for a reasonable period — ordinarily thirty days — and may then delete it. Sections that by their nature should survive (including sections 2, 5, 9, 11, 12, 13 and 16) survive termination.

15. Changes to these Terms

We may update these Terms. When we do, we will change the version and date at the top of this page, and for material changes we will give notice in the app or by email before they take effect. Continuing to use the Platform after that means you accept the updated Terms. If you do not accept them, cancel before they take effect.

16. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. You and BuildingThoughts LLC agree to the exclusive jurisdiction of the state and federal courts located in Florida for any dispute that is not otherwise resolved, and each party waives any objection to that venue.

Before filing anything, please contact us — most problems are faster to fix than to litigate.

17. General

These Terms, together with the Privacy Policy, are the entire agreement between us about the Platform and replace any earlier understanding. If a provision is held unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in force. Our not enforcing a term is not a waiver of it. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger or sale of the business. Nothing here creates a partnership, joint venture, agency or employment relationship between us. Neither party is liable for delays caused by events beyond its reasonable control.

18. Contact

EasyHomeWatch is operated by BuildingThoughts LLC.

Questions about these Terms: legal@BuildingThoughts.com