Terms of Service

1. Agreement Acceptance

By accessing and using HomeSphere AI Services (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. HomeSphere AI Inc. ("Company") reserves the right to modify these Terms at any time, with changes effective immediately upon posting to the website.

2. Eligibility and Account Requirements

You must be at least 18 years old and legally capable of entering into binding contracts to use our Service. You agree to provide accurate, current, and complete information during registration and maintain the confidentiality of your account credentials. You are responsible for all activity that occurs under your account. If you discover unauthorized access, you must notify us immediately at [email protected].

3. Service Description and Availability

HomeSphere AI provides an intelligent smart home automation and device management platform. The Service is provided on an "as-is" and "as-available" basis. We maintain a 99.8% uptime SLA but do not guarantee uninterrupted service. We may modify, suspend, or discontinue the Service or any features with or without notice. Scheduled maintenance may result in temporary unavailability.

4. Subscription Plans and Billing

We offer tiered subscription plans with specified features and pricing. By selecting a plan, you authorize automatic recurring billing on a monthly or annual basis at the rate specified. Billing occurs on the date your account is established and recurring thereafter on the same date. You can cancel your subscription anytime, but refunds are not provided for partial months or unused portions. Price changes take effect 30 days after notice.

5. Payment Terms and Obligations

You must keep your payment information current and valid. If a payment fails, we may attempt to collect the amount via other methods on file. If payment remains unsuccessful after 3 attempts, your account may be suspended or terminated. You are responsible for all applicable taxes and fees. We may suspend or terminate service for non-payment after 15 days of written notice.

6. User Responsibilities and Conduct

You agree to use the Service lawfully and responsibly. You shall not:

• Use the Service for unlawful, fraudulent, or harmful purposes
• Reverse-engineer, decompile, or attempt to derive source code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with the operation of the Service or other users' access
• Upload malicious code, viruses, or malware
• Harass, abuse, or threaten other users
• Infringe on intellectual property or privacy rights
• Engage in competitive intelligence gathering or scraping

7. Intellectual Property Rights

All content, software, features, and functionality provided by HomeSphere AI are the exclusive property of the Company and are protected by copyright, trademark, and other intellectual property laws. You retain ownership of your account data but grant the Company a worldwide, non-exclusive license to use, copy, and process your data to provide the Service and improve our products.

8. Device Compatibility and Third-Party Integrations

HomeSphere AI integrates with third-party devices and services. We do not guarantee compatibility with all devices or manufacturers. Integration with third-party services is subject to their terms of service. We are not responsible for third-party service interruptions, changes, or terminations. You acknowledge that third-party devices may collect data according to their privacy policies.

9. Limitations of Liability

To the fullest extent permitted by law, HomeSphere AI shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Lost profits, revenue, data, or business opportunities
• Service interruptions or unavailability
• Third-party actions or device failures
• Data loss or corruption
• Any damages arising from your use or inability to use the Service

Our total liability for any claim shall not exceed the fees paid in the 12 months preceding the claim.

10. Disclaimer of Warranties

The Service is provided on an "as-is" basis without warranties of any kind, express or implied. We disclaim all warranties including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your requirements, be uninterrupted, error-free, or secure.

11. Indemnification

You agree to indemnify and hold harmless HomeSphere AI, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

12. Termination and Suspension

We may terminate or suspend your account immediately without notice if you violate these Terms, engage in fraudulent activity, or pose a security risk. Upon termination, your access to the Service ceases immediately. Data retention after termination is governed by our Privacy Policy. Provisions regarding liability, indemnification, and intellectual property survive termination.

13. Dispute Resolution and Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts in Toronto, Ontario. You waive any right to jury trial.

14. Arbitration Clause

Any claim or dispute arising from or relating to the Service or these Terms shall be resolved through binding arbitration administered by the Canadian Arbitration Association. Arbitration shall be conducted confidentially in English before a single arbitrator. Each party bears its own costs unless the arbitrator determines otherwise. Arbitration awards are enforceable in any court of competent jurisdiction.

15. Service Level Agreement

HomeSphere AI commits to maintaining 99.8% uptime for the Service, measured monthly. Uptime excludes scheduled maintenance, force majeure events, and issues caused by third-party services. If uptime falls below 99.8%, customers may receive service credits toward future months at 10% per 0.1% of downtime below the SLA.

16. Force Majeure

HomeSphere AI shall not be liable for non-performance due to events beyond reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, government actions, utility failures, or internet infrastructure failures.

17. Contact for Questions

If you have questions about these Terms of Service, please contact us:

• Email: [email protected]
• Phone: +1 (416) 555-0198
• Mailing Address: 100 King St W, Toronto, ON M5X 1A9, Canada