HomeIQ Inc. Terms of Use

Rev. June 2020

Welcome and thank you for using the services provided by HomeIQ Inc. (“Provider“). By accessing or using our services, you as the individual or entity using the services (“you“) agree to be bound by the following terms and conditions (“Terms“) relating to all services (“Services“) offered by Provider. Services comprise of use and/or access to all HomeIQ Inc. owned products including, but not limited to, use of HomeIQInc.com, JulesApp.com, the Jules Web App (jules.app) and the Jules Mobile App. Please read these terms carefully before using the Services. These Terms are a legally binding agreement between you and Provider. These Terms do not purport to supersede any legally binding agreements between you and Provider, such as any service agreements, which are independent from your use of these Services.


  1. Use of these Services.

    1. License. On the condition that you comply with all of your obligations under these Terms, Provider grants you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access these Services with a generally available web browser or downloaded Mobile App, to view information and use these Services. Any other use of these Services is strictly prohibited and a violation of these Terms. Provider and its licensors reserve all rights not expressly granted in these Terms, including, without limitation, rights of title, ownership, intellectual property and all other rights and interests in these Services and all related items.

    2. Revision of these Terms. Provider may revise these Terms at any time. Any such changes to these Terms may be distributed electronically (via email or by posting on these Services). Such revised Terms will be effective when posted on these Services. You should revisit these Terms on a regular basis, as revised versions will be binding upon you. You understand and agree that your continued access to or use of these Services after the effective date of changes to these Terms indicates your acceptance of such revisions.

    3. Cessation of Service. Provider reserves the right to modify, terminate and suspend the operation of these Services without notice or liability, at any time and for any or no reason in its sole and absolute discretion.

    4. Risks Inherent in Electronic Mail. You understand that communications distributed by Provider may be distributed by electronic mail, which is by its nature insecure and unreliable. Electronic mail is subject to interception, misdirection and loss. In addition, an electronic mail message may be forwarded by its intended recipient to other unintended recipients. Any recipient of an electronic message sent by Provider may access the hyper-links to files contained within Provider’s products, as Provider does not authenticate or validate the identity or authority of any person following a hyper-link contained in any such message.

  2. Your Account

    1. Account Creation. In order to access restricted portions of these Services, you are required to create an account (your “Account”) and provide your contact information. Provider reserves the right to refuse or reject any request to create an account for you for any or no reason at Provider’s sole discretion.

    2. Responsibility. You are solely responsible for your Account, your contact information and other information made available through your Account or otherwise via these Services (your “Information”). You are responsible for safeguarding the confidentiality of your username and password that you use to access your Account in our Services. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify us of any unauthorized use of your Account within these Services. You assume all risks associated with your Information, including reliance on its quality, accuracy or reliability by any other person or entity.

    3. Termination

      1. By you. You may terminate your Account at any time by contacting Provider at support@homeiqinc.com and requesting your account be terminated. Provider will terminate the account on your behalf and notify you once the termination is completed.
      2. By Provider. If Provider has reason to suspect that you have breached these Terms, or that any of your Information is not authorized, correct, current and complete, Provider may, in addition to taking or reserving any other remedies against you, terminate your Account. Provider reserves the right to erase any or all of your Information from these Services, as well as to terminate your Account without notice or liability, at any time and for any or no reason in its sole and absolute discretion. Any suspension, termination or cancellation of your Account shall not affect provisions of these Terms, such as indemnification and limitations of liability, that are by their nature intended to survive such suspension, termination or cancellation.

    4. Prohibited Uses. You agree that:

      1. you will not violate these Terms or any of Provider’s or its licensors’ rights or use these Services to violate the rights of any third party such as copyright or trademark rights;
      2. you will use your true legal name and true electronic mail address, and only provide accurate and complete information on these Services;
      3. you will provide at your cost all equipment, software, mobile access and Internet access necessary for you to use these Services;
      4. you will copy information from these Services only as necessary for your personal non-commercial use to view, save, print, fax or e-mail such information;
      5. you will not otherwise reproduce, modify, distribute, display or provide access to these Services or its content without the consent of Provider;
      6. you will not create derivative works from, decompile, disassemble or reverse engineer any portion of these Services;
      7. you will not upload to or distribute through these Services any binary code, macros or other executable code, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality of a computer;
      8. you will not record, process or mine information about other users, or access, retrieve or index any portion of these Services without the consent of Provider;
      9. you will not remove or modify any copyright or other intellectual property notices that appear in these Services;
      10. you will not access or use these Services in any manner that could damage, disable, overburden, place an unreasonable load on, interfere or attempt to interfere with the proper working of, or impair, these Services, its computer systems, network or the account of any other user;
      11. you will not attempt to gain unauthorized access to any parts of these Services or any user accounts, or any of these Service’s computer systems or networks;
      12. you will not post or upload to these Services content that is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening;
      13. you will not post or upload to these Services content that violates any third party rights, such as intellectual property, privacy or publicity rights;
      14. you will not use these Services in any way that is unlawful, harms Provider’s business, Provider’s service providers, licensors, representatives or any other user, or breaches any policy or notice in these Services;
      15. you will not impersonate another person or misrepresent your affiliation with another person or entity, such as by using another person’s user name, password or other account information or another person’s name, likeness, image or photograph;
      16. you will not charge any person for access to any portion of these Services or any information in these Services;
      17. you will not access these Services through automated queries (such as by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from these Services) without Provider’s prior express written permission;
      18. you will not engage in “framing” or “mirroring,” or otherwise simulate the appearance or functionality of these Services; and
      19. you will not assist, encourage or enable others to do any of the preceding prohibited activities.

    5. Provider’s Rights. You hereby grant the Provider the following rights and agree:

      1. as between you and Provider, your contact information, data and other information made available through your Account or that you otherwise make available from time to time in these Services (collectively, “Your Information”) is owned by you. You hereby irrevocably grant Provider a worldwide, perpetual, non-exclusive, royalty-free, fully paid-up, assignable, sublicensable, transferable rights to combine Your Information with that of other users of these Services. This means Provider may use Your Information, in conjunction with other users, for the betterment of these Services so long as Your Information remains non-identifiable and aggregated.
      2. to allow these Services to use the processor, bandwidth, and storage hardware on any device for which you use these Services.
      3. to allow these Services to deliver advertisements directly to you in products supplied by Provider as well as Provider’s business partners.

  3. Representations and Warranties. You represent and warrant that:

    1. you are 18 years or older and you have all requisite rights and authority to use these Services and to enter into these Terms;

    2. the performance of your obligations under these Terms will not violate, conflict with, or result in a default under any other agreement, including confidentiality agreements between you and third parties;

    3. you will use these Services provided by Provider for lawful purposes only and subject to these Terms;

    4. you are responsible for all use of these Services;

    5. you agree that Provider will not be liable for any losses incurred as a result of a third party’s use of these Services, regardless of whether such use is with or without your knowledge and consent;

    6. you will not use these Services in any manner that could damage, disable, overburden or impair these Services, or interfere with use of these Services or services by others;

    7. any information submitted to these Services or Provider by you is true, accurate, and correct;

    8. you understand that, except as expressly stated in these Terms, these Terms do not grant you any license to use, reproduce, distribute, display or provide access to any portion of these Services on third-party websites, or otherwise;

    9. you will not attempt to gain unauthorized access to these Services, other accounts, computer systems, or networks under the control or responsibility of Provider through hacking, cracking, password mining, or any other unauthorized means;

    10. you agree to immediately notify Provider of any unauthorized use of your account of which you become aware;

    11. you are solely responsible for maintaining the confidentiality of your account names and password(s);

    12. you are not a competitor of Provider or its licensors and are not using these Services for reasons that are in competition with Provider or its licensors;

    13. if you use these Services in your capacity as an employee, owner or otherwise as an agent of another person or entity, you agree on behalf of yourself and such person or entity, jointly and severally, to be bound by these Terms;

    14. if you use these Services representing a business, you agree to create a Jules for Business account type and not an account designated for homeowner;

    15. if you use these Services representing a business or organization, you agree to pay a subscription fee that is to be agreed upon by you and Provider within one week of the creation of your account or Provider has the right to terminate your use of these Services;

    16. you will not impersonate another person or misrepresent your affiliation with another person or entity, including using another person’s username, password or other account information or another person’s name, likeness, image or photograph; and

    17. your consent to be bound to any consents, notices, disclosures or other records or documents to be entered into between you and Provider (“Electronic Contracts”), whether by typing your name, checking a box, pressing a button, clicking through a link, or demonstrating other intent to be bound to such Electronic Contract, shall create a legal, valid and binding contract enforceable against you in accordance with its terms.

  4. Intellectual Property.

    1. Content of Services. Provider or its licensors own all of the content that is made available in connection with these Services (the “Service Content”), including visual interfaces, interactive features, graphics, designs, financial data, analytics, databases and their data, computer code, products, software and all other elements and components of these Services. Provider or its licensors also own the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with these Services and Service Content, which are protected by copyright, trade dress, patent, trademark and other applicable intellectual property rights and laws.

    2. Restrictions. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of the Service Content in whole or in part, except as expressly authorized by the applicable rights holder. Except as expressly and unambiguously provided by these Terms, neither Provider nor any of its licensors grant you any express or implied rights, and all rights in and to these Services and the Service Content are retained by their holders.

    3. Copyright Infringement. If you believe that any content disseminated by Provider infringes upon your intellectual property rights or other rights you will notify Provider of such infringement. Provider reserves the right to take action regarding the matter without prior notification to you or the owner of the content.

  5. Privacy. Provider respects your privacy and limits the sharing of data about you with third parties. Please consult the Provider’s Privacy Policy, available here https://julesapp.com/privacy-and-policies/ for more information. By agreeing to these Terms, you acknowledge and consent to the use, sharing and disclosure of your personal information and data as described in such Provider Privacy Policy, as it may be amended from time to time.

  6. Indemnification. You agree to indemnify, defend and hold Provider, as well as Provider’s parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, including the shareholders, officers, directors, employees, agents and representatives of each of them (collectively, the “Provider Parties“) harmless from any and all claims, liability, damages and costs (including, but not limited to, attorneys’ fees) arising out of or relating to:

    1. your access to or use of these Services;

    2. your violation of these Terms, including without limitation your breach of any representation or warranty;

    3. your infringement, or the infringement of any third party using your Account, of any intellectual property or other right of any person or entity; or

    4. the nature and content of all materials, Electronic Contracts, works, data, statements and other visual, graphical, written or audible communications of any nature submitted by you or otherwise processed through your Account.

    Provider reserves the right to, but is not obligated to, assume the exclusive defense and control of any matter for which you are required to indemnify the Provider Parties, and you agree to cooperate with Provider’s defense of such claims. You agree not to settle any such matter without Provider’s prior written consent. Provider will use reasonable efforts to notify you of any such claim, action or proceeding when Provider becomes aware of it. Each of the Provider Parties is an express third party beneficiary of this indemnification provision, with full rights to enforce its terms.

  7. Third Party Services. These Services may include links to third-party products, services and websites, as well as materials provided by third parties (collectively, “Third-Party Content”). Neither these Terms nor these Services endorse or take responsibility for any Third-Party Content. You agree that the Provider Parties are not responsible for the availability or contents of Third-Party Content. You understand that the Provider Parties have no obligation to, and generally do not, approve or monitor materials provided by third parties through these Services. Your use of Third-Party Content is at your own risk.

  8. Limitations of Liability

    1. DISCLAIMER OF WARRANTIES. THESE SERVICES ARE PROVIDED “AS IS,” AND PROVIDER: (i) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (ii) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS; AND (iii) DOES NOT WARRANT THAT THESE SERVICES ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THESE SERVICES. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF PROVIDER TO ANY THIRD PARTY. USE OF THESE SERVICES IS AT YOUR SOLE RISK. PROVIDER MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED IN THESE SERVICES. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to you. In such event, such warranties are limited to the minimum warranty period allowed by the applicable law. Without limiting the generality of the foregoing, Provider does not make any warranty of any kind with respect to freedom from patent, trademark, or copyright infringement, or theft of trade secrets and Provider does not assume any liability hereunder for any infringement of any patent, trademark, or copyright arising from the use of these Services or rights granted or provided by Provider hereunder.

    2. No Consequential Damages. Provider shall not be liable for any indirect, special, incidental, exemplary, punitive or consequential loss or damage of any kind, including without limitation, lost business or profits, whether arising in tort (including negligence), equity, breach of contract or otherwise (and whether or not such damages are foreseeable or Provider has been advised of the possibility of such loss or damage). In no event will any of the officers, trustees, directors, partners, employees, consultants, beneficiaries, joint venturers, members, stockholders or other principals or representatives of Provider, ever be personally liable to you under, arising out of, or related to these Terms (including for direct or consequential damages), and you hereby waive the right to recover damages from any such persons.


  9. Export Laws. You acknowledge that technology utilized by these Services and any related products, information, documentation, software, technology, technical data, and any derivatives thereof, that Provider makes available through these Services (collectively “Excluded Data”), may be subject to export control laws and regulations of the United States and other jurisdictions (collectively “Export Laws”). You represent and warrant that: (i) you are not located in, under the control of, or a national or resident of an embargoed country or prohibited end user under Export Laws; and (ii) you will not access, download, use, export or re-export, directly or indirectly, the Excluded Data to any location, entity, government or person prohibited by export laws, without first complying with all Export Laws that may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction it operates or does business. You are solely responsible for complying with Export Laws for all Excluded Data and any of its content transmitted through these Services. You shall advise Provider at info@homeiqinc.com in the event the Excluded Data requires Provider to obtain additional licenses, permits and/or approvals from any government in the jurisdiction where you intend to use these Services. Upon being advised of such a requirement, Provider may at its sole discretion: (a) terminate your Account; (b) obtain such licenses, permits, and/or approvals as may be required; or (c) modify these Terms such that additional licenses, permits, and/or approvals are no longer required to be obtained by Provider.

  10. Confidentiality. The information available in these Services relates to Provider and its affiliates (collectively, the “Disclosing Parties”). This information is highly confidential. You hereby agree to maintain such information in strict confidence and acknowledge that such information is proprietary and confidential, that the Disclosing Parties and their affiliates derive independent economic value from such information not being generally known, and that such information is subject to reasonable efforts by the Disclosing Parties to maintain its secrecy. You hereby agree that information available in these Services constitutes trade secrets and that the disclosure of any such information will cause substantial and irreparable competitive harm, as well as financial and strategic damage, to the Disclosing Parties. In addition, you agree that any information in these Services shall not be disclosed to any other person or entity or reproduced in any manner (by print, by electronic means or otherwise) without the express written authorization of the applicable Disclosing Party; provided, that such information may be disclosed on a need-to-know basis to your advisers (so long as (i) they are bound by an obligation to maintain the confidentiality of such information that is at least as protective as your obligations under these Terms and Conditions, and (ii) such advisers are not given your password to access these Services) or as explicitly required by applicable law. You agree to be responsible for the consequences of dissemination of any information from these Services by such advisers.

  11. Miscellaneous

    1. Governing Law. These Terms shall be governed by the laws of the State of California, regardless of conflict of laws principles.

    2. Arbitration. Any dispute, controversy or claim arising out of or in connection with or relating to your use of these Services or these Terms, or any breach or alleged breach these Terms, shall be submitted to a single arbitrator and settled by binding arbitration pursuant to the Commercial Rules then in effect of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the City and County of San Francisco, California. Judgment upon the award may be entered in any court of competent jurisdiction. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS.

    3. No Assignment. These Terms, and any rights or obligations under these Terms, are not assignable, transferable or sublicensable by you except with Provider’s prior written consent, but may be assigned or transferred by Provider without restriction. Any attempted assignment by you shall violate these Terms and be void.

    4. Beneficiaries. Nothing in these Terms is intended to, nor will be deemed to, confer rights or remedies upon any third party

    5. Amendments; Waivers. Provider may modify these Terms as provided in Section 1(b) (Revision of these Terms). These Terms may not be modified, amended, terminated or waived, in whole or in part, by you except by a written instrument signed by Provider. Except as expressly set forth herein, any failure of a party to take action in response to any breach of these Terms by the other party shall not constitute a waiver of such breach or of performance required by the other party; and no waiver of any provision of these Terms shall constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a continuing waiver unless expressly provided therein.

    6. Force Majeure. Neither party will be liable for, or be considered to be in breach of or default under these Terms on account of any delay or failure to perform as required by these Terms as a result of any cause or condition beyond such party’s reasonable control, so long as such party uses all commercially reasonable efforts to avoid or remove such causes of non-performance or delay.

    7. Notices. To send notices to Provider, or if you have any questions regarding these Terms, please contact Provider at info@homeiqinc.com. Provider may provide you with notices, including notices of changes to these Terms, by electronic mail, regular mail or communications through these Services.

    8. Refunds. If you feel as though you are entitled to a refund of any monies paid to Provider, please contact Provider at info@homeiqinc.com.

    9. Entire Agreement. These Terms contain the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous representations, promises, agreements and understandings, whether oral or written, between the parties concerning the subject matter hereof. You may from time to time enter into binding legal agreements relating to certain content, which may have terms that are different from those of these Terms. In the event of any inconsistency, the terms of such other agreement shall control with respect to such content.

    10. Severability. If any provision of these Terms is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included.