Terms of Service

1. Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "WITH ALL FAULTS." THE OPERATOR (SHAY NAMIR) MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

We are not responsible for any damage, direct or indirect, caused by using Homi, including malfunctions in device control, data loss, service unavailability, unauthorized access to your Home Assistant, or any actions performed through your connected smart home devices.

You are solely responsible for securing your Home Assistant installation, configuring automations, and all actions performed in your home.

2. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

3. Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $50. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute, claim, or controversy arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA), rather than in court, except that either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement.

YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. All claims and disputes must be brought individually, not as a plaintiff or class member in any class or representative proceeding.

The arbitration shall be conducted in English and shall take place in Delaware, United States, or via remote/telephonic proceedings. The arbitrator's decision shall be final and binding.

5. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any disputes that are not subject to arbitration under Section 4, or any proceedings to enforce an arbitration award, shall be resolved exclusively in the state or federal courts located in Delaware. You consent to personal jurisdiction in those courts.

6. Age Restrictions

You must be at least 13 years old to use this Service. By using the Service, you represent and warrant that you are at least 13 years of age.

If you are between 13 and 17 years old, you represent that you have obtained the consent of your parent or legal guardian to use this Service, and that your parent or guardian has reviewed and agreed to these Terms.

We do not knowingly collect personal information from children under 13 years of age. If we discover that a child under 13 has provided us with personal information without verifiable parental consent, we will promptly delete such information.

7. Indemnification

You agree to indemnify, defend, and hold harmless Shay Namir, Homi, and their respective officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; (d) any content you submit or transmit through the Service; or (e) any actions performed through your connected Home Assistant account or smart home devices.

8. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without prior notice, for any reason, including but not limited to: violation of these Terms, illegal or fraudulent activity, abuse of the Service, extended periods of inactivity, or discontinuation of the Service.

You may terminate your account at any time by sending the "Delete account" command through the Service on WhatsApp. Upon termination, your right to use the Service immediately ceases, and we will delete your data in accordance with our Privacy Policy.

All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Intellectual Property

The Service, including all content, features, functionality, software, design, text, graphics, logos, and other materials, is owned by Shay Namir and is protected by copyright, trademark, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service solely for its intended purpose. You may not copy, modify, distribute, sell, sublicense, reverse engineer, decompile, disassemble, or create derivative works of the Service or any portion thereof.

10. Force Majeure

We are not liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, government actions, pandemics, internet outages, power failures, cyberattacks, or failures of third-party services (including Meta/WhatsApp, OpenAI, or cloud infrastructure providers). We will make reasonable efforts to resume normal operations as quickly as possible.

11. Fair Use

You agree not to use the Service for illegal purposes, attempt to breach or compromise our servers or security systems, reverse engineer or decompile any part of the Service, overload or disrupt the Service (including spam or DDoS attacks), use automated means to access the Service without authorization, impersonate any person or entity, or use the Service to violate the rights of others.

12. Availability and Changes

We strive to maintain service availability but do not guarantee 100% uptime. We reserve the right to modify, update, suspend, discontinue, or introduce charges for the Service at any time. We will provide reasonable advance notice of material changes when practicable. Continued use of the Service after changes constitutes your acceptance of the updated Terms.

13. Contact

For inquiries regarding these Terms of Service, please contact us at: talktohomi1@gmail.com. We will respond within 30 days. You may also delete your account at any time by sending the "Delete account" command through WhatsApp.

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