Website

Acceptance of the Terms of Use

  1. These Website Terms of Use (“Terms”) constitute a legally binding agreement entered into by and between you and Copilot Software, LLC, a Washington limited liability company doing business as Homeworks (“Company,” “we,” or “us”). These Terms govern your access to and use of www.home.works and any successor domains (the “Website”), including any content, functionality, and services offered on or through the Website, but excluding access to or use of the Homeworks software platform, which is governed by the separate SaaS Services Agreement.
  2. By clicking “I Accept,” accessing, or using the Website, you acknowledge that you have read, understood, and accept and agree to be bound by these Terms and our Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.

Eligibility

  1. This Website is offered and available to users who are thirteen (13) years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet this eligibility requirement. If you are under eighteen (18) years of age, you represent and warrant that you have obtained the verifiable consent of a parent or legal guardian to access the Website and be bound by these Terms in accordance with applicable law, and that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. The Company reserves the right to request proof of such parental consent at any time and to terminate access if such proof is not provided within a reasonable time period. If you do not meet these requirements, you must not access or use the Website.
  2. If you wish to create an account and use the Homeworks software platform (including participation in the Teen Giveback Program for users ages 13 to 17), your use will be governed by the SaaS Services Agreement, which requires separate acceptance.

Changes to the Terms of Use

  1. We may revise and update these Terms from time to time in our sole discretion. We will provide notice of material changes by posting the updated Terms on the Website with a new “Last Modified” date and, where required by law, by providing additional notice such as email notification to registered users. Non-material changes are effective immediately when we post them. Material changes are effective thirty (30) days after posting, and apply to all access to and use of the Website thereafter. For registered users, we will provide email notification of material changes to the emailaddress associated with your account. Your continued use of the Website after the effective date of any changes constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must stop using the Website.

Intellectual Property Rights

  1. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  2. The Company name, the terms “Copilot CRM,” “Homeworks,” the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

Limited License to Use Website

  1. These Terms permit you to use the Website for your personal, non-commercial use only. This license is limited, revocable, non-exclusive, and non-transferable. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
  2. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  3. You may store files that are automatically cached by your web browser for display enhancement purposes.
  4. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  5. If we provide social media features with certain content, you may take such actions as are enabled by such features.
  6. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You agree to provide written certification of such destruction or return upon our reasonable request. No right, title, or interest in or to the Website or any content on the Website is transferred to you.

Prohibited Uses

  1. You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
  2. In any way that violates any applicable federal, state, local, or international law or regulation.
  3. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
  4. To transmit any advertising or promotional material without our prior written consent, including any spam or similar solicitation.
  5. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm the Company or users of the Website.
  7. Additionally, you agree not to:
  8. Use any robot, spider, scraper, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  9. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  10. Use any device, software, or routine that interferes with the proper working of the Website.
  11. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  13. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  14. Otherwise attempt to interfere with the proper working of the Website or reverse engineer, decompile, or disassemble any portion of the Website.

User Contributions and Content Standards

  1. You agree that any User Contributions you provide will not:
  2. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  3. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  4. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any other person;
  5. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations;
  6. Be likely to deceive any person or promote any illegal activity, or advocate, promote, or assist any unlawful act; Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  7. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; or contain advertising, promotional materials, or any form of commercial solicitation.
  8. The Website may contain interactive features that allow users to post, submit, publish, display, or transmit content or materials (“User Contributions”).
  9. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary, except for personal information, which will be handled in accordance with our Privacy Policy and will not be subject to the license grant in Section 7.10 except as necessary to provide the services you request.
  10. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable (except as provided in Section 7.10.1), royalty-free, fully paid-up, worldwide, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose related to the operation and promotion of the Website and our business.
  11. Notwithstanding the perpetual and irrevocable nature of the license granted above, you may request deletion of your User Contributions by contacting us at support@home.works and we will use commercially reasonable efforts to remove such User Contributions from public display within thirty (30) days, except to the extent we are required to retain them by law or they have been incorporated into derivative works or shared with third parties prior to your deletion request.
  12. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license above, and that all of your User Contributions comply with these Terms. You are responsible for any User Contributions you submit or contribute. We are not responsible or liable to any third party for the content or accuracy of any User Contributions.
  13. We have the right, but not the obligation, to: (a) monitor, review, screen, post, remove, modify, store and/or delete any User Contributions at any time and for any reason, including if we believe User Contributions violate these Terms or applicable law; provided, however, that we will provide notice to you of any removal or modification when practicable; (b) disclose any User Contributions and the circumstances surrounding their transmission to any third party in order to operate the Website, to protect ourselves and our affiliates, or to comply with legal obligations or governmental requests; and (c) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe it violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

Third-Party Links

  1. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Privacy Policy

  1. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Disclaimer of Warranties

  1. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE.
  2. 10.2. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR RECONSTRUCTION OF ANY LOST DATA
  3. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
  4. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
  5. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
  6. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

  1. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITYTO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
  2. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE AMOUNT YOU PAID, IF ANY, TO ACCESS THE WEBSITE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
  3. The limitation of liability set out above does not apply to liability resulting from our gross negligence, willful misconduct, fraud, or any other liability that cannot be limited under applicable law.
  4. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

  1. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Website in violation of these Terms or applicable law; (c) your User Contributions; (d) any use of the Website’s content, services, and products other than as expressly authorized in these Terms; or (e) your use of any information obtained from the Website, except to the extent such claims arise from the Company's gross negligence, willful misconduct, or breach of these Terms.
  2. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with the Company’s defense of such claims.

Arbitration

  1. Any dispute, controversy, or claim arising out of or relating to these Terms or the Website, including any disputes regarding the applicability, interpretation, or enforceability of this arbitration clause, shall be resolved through binding arbitration, except that either party may bring an action in court for injunctive or other equitable relief regarding intellectual property rights or to enforce this arbitration provision. The arbitration shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association then in effect. The place of arbitration shall be Seattle, Washington, or at another location mutually agreed upon by the parties. The decision of the arbitrator shall be final and binding upon the parties, subject to any right of appeal under the Federal Arbitration Act. Each party shall bear its own costs and expenses of arbitration; provided, however, that if you are a consumer and prevail on any claim for which you are legally entitled to attorney's fees, the arbitrator may award reasonable attorney's fees and costs as determined by applicable law. The parties shall share equally the arbitrator’s fees and expenses, unless the arbitrator awards otherwise or applicable law requires different allocation. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

    YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Waiver and Severability

  1. No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
  2. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Copilot Software, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. No modification, amendment, or waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Copilot Software, LLC. If you create an account and use the Homeworks software platform, the SaaS Services Agreement will govern that relationship and, to the extent of any conflict between these Terms and the SaaS Services Agreement, the SaaS Services Agreement shall control with respect to your use of the platform; provided, however, that these Terms shall continue to govern your use of the Website outside of the platform functionality. Our privacy policy is available on our website and is incorporated herein by reference. We reserve the right to update the Privacy Policy from time to time, and any such updates will be effective upon posting to the Website.

Your Comments and Concerns

  1. This Website is operated by Copilot Software, LLC, a Washington limited liability company. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@home.works. For legal notices, including notices of breach, termination, or disputes, written notice must be sent to the mailing address specified below, Attention: Legal Department, and shall be deemed received five (5) business days after mailing via certified mail, return receipt requested.
  2. Our principal place of business and mailing address for legal notices is:
    Copilot Software, LLC
    1370 Admiral Pl
    Ferndale, WA 98248 USA
    support@home.works

Software

This SaaS Services Agreement (this “Agreement”) is a binding legal contract between

you (“Customer, ” “you,” or “your”) and Copilot Software, LLC, a Washington limited liability company doing business as Homeworks (“Provider,” “we,” “us,” or “our”). This Agreement, together with any Order Form or subscription agreement executed by the parties (each an “Order Form”), governs your access to and use of the Homeworks software platform (the “Services”). In the event of any conflict between this Agreement and an Order Form, the Order Form shall control with respect to the specific terms addressed therein, except that no Order Form may modify or reduce Provider’s limitation of liability (Section 15), indemnification rights (Section 14), intellectual property protections (Section 12), confidentiality obligations (Section 11), warranty disclaimers (Section 13.2), or data ownership and usage rights (Section 4) without Provider’s express written consent executed by an officer of Provider.


BY CREATING AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE AND AVAILABLE AT https://home.works/privacy-policy (the “Privacy Policy”). You acknowledge that you have had a reasonable opportunity to review the Privacy Policy before accepting this Agreement. Provider will provide at least thirty (30) days’ advance notice of any material changes to the Privacy Policy, and your continued use of the Services after such notice period constitutes acceptance of the modified Privacy Policy. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES.


If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement.

Definitions

  1. Authorized User” means Customer’s employees, consultants, contractors, and agents who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement, subject to any user limits set forth in your subscription plan or Order Form. Customer is responsible for all acts and omissions of Authorized Users in connection with their use of the Services, and any breach of this Agreement by an Authorized User shall be deemed a breach by Customer. Customer shall ensure that all Authorized Users comply with the terms of this Agreement and shall promptly terminate access for any Authorized User who violates this Agreement.
  2. Customer Data” means information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Services, including but not limited to customer contact information, scheduling data, invoices, photos, videos, and other media files.
  3. Documentation” means Provider’s user manuals, handbooks, guides, and help center content relating to the Services provided by Provider to Customer either electronically or in hard copy form.
  4. Provider IP” means the Services, the Documentation, and any and all intellectual property provided to Customer or any Authorized User in connection with the foregoing, including all software, algorithms, user interfaces, workflows, templates, reports, analytics tools, APIs, know-how, and Resultant Data. For the avoidance of doubt, Provider IP does not include Customer Data but does include all derivative works, modifications, and enhancements to the Services, whether created by Provider or suggested by Customer.
  5. Resultant Data” means data and information derived from Provider’s processing of Customer Data that is anonymized and aggregated with data from other customers such that it does not identify Customer, any Authorized User, or any individual through reasonably available means. Resultant Data may be used by Provider for analytics, benchmarking, product improvement, machine learning, and other lawful business purposes. Data is considered anonymized when it cannot be used to identify an individual or entity without the use of additional information that is kept separately and subject to technical and organizational measures to prevent re-identification. Provider represents and warrants that it will maintain such technical and organizational measures in accordance with industry standards and will not attempt to re-identify any anonymized data.

Eligibility and Account Registration

  1. General Eligibility. To create an account and use the Services, you must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract under applicable law. If you are entering into this Agreement on behalf of a legal entity, you must have the authority to bind that entity. By creating an account, you represent and warrant that you meet these requirements. Provider reserves the right to request proof of age or legal authority at any time.
  2. Teen Giveback Program. Notwithstanding Section 2.1, individuals who are at least thirteen (13) years of age but under eighteen (18) years of age (“Minor”) may access and use the Services solely through the Teen Giveback Program only if their parent or legal guardian (“Guardian”) provides verifiable written consent and agrees to be bound by this Agreement on the Minor’s behalf. The Guardian acknowledges that under Washington law, minors generally lack capacity to enter binding contracts, and therefore the Guardian is entering into this Agreement and assuming all obligations hereunder. The Teen Giveback Program is subject to the following conditions:
  3. The Minor must provide valid documentation verifying their age (such as a birth certificate, passport, or government-issued identification) and proof of legal business registration (if operating as a business entity).
  4. The Guardian must provide verifiable written consent to the Minor’s participation by signing Provider’s parental consent form, which shall include: (i) acknowledgment that the Guardian has reviewed and agrees to be bound by this Agreement; (ii) acknowledgment that the Guardian, not the Minor, is the contracting party and is solely liable for all obligations under this Agreement, including all payment obligations, subscription fees, and any damages arising from breach; (iii) certification that they are the Minor’s parent or legal guardian with authority to bind the Minor; and (iv) completion of Provider’s identity verification process, which may include submission of government-issued identification. The Guardian agrees that their electronic signature on the consent form constitutes a legally binding signature under the Washington Uniform Electronic Transactions Act (RCW 19.360) and the federal ESIGN Act (15 U.S.C. 7001 et seq.).
  5. The minor’s use of the Services is limited to the Teen Giveback Program tier and is subject to all terms of this Agreement.
  6. Upon the minor’s eighteenth (18th) birthday, the account will automatically transition to a standard paid subscription at full cost. Provider will provide written notice at least thirty (30) days prior to the minor’s eighteenth birthday regarding this transition and the applicable fees. The subscription will be charged to the payment method on file, unless the Customer cancels prior to that date. At the time of transition, the now-adult individual (formerly the Minor) shall become the contracting party and shall be solely responsible for all obligations under this Agreement going forward, and the Guardian shall be released from all future obligations (but not past obligations incurred during the Minor’s participation).
  7. Account Information. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and any other credentials used to access your account, and you agree not to disclose your password to any third party. You are responsible for all activity on your account.
  8. Account Suspension. Provider reserves the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, not current, or incomplete.

License Grant and Restrictions

  1. License Grant. Subject to the terms and conditions of this Agreement, Customer’s compliance with all applicable laws, and payment of all applicable Fees, Provider hereby grants Customer a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during the Term, solely for use by Authorized Users in accordance with this Agreement. Such use is limited to Customer’s internal business purposes. This is a subscription license, not a sale. You do not acquire any ownership interest in the Services or Provider IP.
  2. Documentation License. Provider hereby grants to Customer a non-exclusive, non-sublicensable, non-transferable license to use the Documentation during the Term solely for Customer’s internal business purposes in connection with its use of the Services.
  3. Use Restrictions. Customer shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, and shall not permit any Authorized Users or third parties to:
  4. copy, modify, or create derivative works of the Services or Documentation, in whole or in part;
  5. rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Documentation to any third party;
  6. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part;
  7. remove any proprietary notices from the Services or Documentation;
  8. use the Services for competitive analysis, benchmarking, or to develop a competing product or service;
  9. use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services;
  10. use any robot, spider, or other automatic device or manual process to monitor or copy any content from the Services;
  11. introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material;
  12. use the Services to send unsolicited communications (spam) or otherwise violate applicable laws regarding electronic communications, including the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act; or
  13. use the Services in violation of any applicable law or regulation.

Customer Data and Ownership

  1. Customer Data Ownership. As between Provider and Customer, Customer owns all right, title, and interest, including all intellectual property rights, in and to the Customer Data. Provider acquires no ownership rights in Customer Data.
  2. License to Customer Data. Customer hereby grants to Provider a non-exclusive, royalty-free, worldwide license to reproduce, store, transmit, display, perform, and use the Customer Data solely to the extent necessary for Provider to provide the Services to Customer, to comply with its obligations under this Agreement, and to enforce Provider’s rights under this Agreement.
  3. Besultant Data. Provider owns all right, title, and interest in and to the Resultant Data. Customer acknowledges and agrees that Provider may use Resultant Data for analytics, benchmarking, product improvement, machine learning model training, and other lawful business purposes, provided that such use does not identify Customer, any Authorized User, or any individual. Provider may share Resultant Data with third parties for these purposes, provided such sharing complies with the anonymization requirements set forth in the definition of Resultant Data. Customer may not object to or restrict Provider’s use of Resultant Data as set forth in this Section.
  4. Customer Responsibility for Data. Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data. Customer represents and warrants that: (a) it has obtained and will maintain all necessary rights, consents, and authorizations to collect, upload, and process the Customer Data through the Services, including any personal information of third parties, and will provide Provider with evidence of such rights, consents, and authorizations upon request; (b) the Customer Data and Customer’s use thereof does not and will not violate any applicable law, regulation, or third-party right, including but not limited to data protection laws, privacy laws, and intellectual property rights; (c) the Customer Data does not contain any viruses, malware, or other harmful code; and (d) Customer will promptly notify Provider of any claims or allegations that the Customer Data violates any third-party rights or applicable laws.
  5. Data Storage Limits. The Services may impose storage limits on Customer Data, including limits on the size of media files. Provider reserves the right to modify these limits upon thirty (30) days’ notice and to delete or refuse to store Customer Data that exceeds applicable limits after providing at least ten (10) days’ notice to Customer, except in cases of emergency or where the excess data poses a security risk, in which case Provider may take immediate action.

Payment Terms

  1. Fees. Customer shall pay Provider the fees applicable to Customer’s selected subscription plan (“Fees”) as set forth on the pricing page at the time of subscription or as otherwise agreed in writing. All Fees are non-refundable except as expressly set forth in this Agreement or required by applicable law.
  2. Billing and Automatic Renewal. Fees are billed in advance on a monthly or annual basis, depending on Customer’s selected billing cycle. Your subscription will automatically renew for successive periods of the same length as the initial subscription period unless you cancel your subscription before the renewal date. You authorize Provider to charge your payment method on file for all renewal Fees.
  3. Price Changes. Provider may change the Fees for the Services by providing you with at least sixty (60) days advance notice via email to the address associated with your account. Price changes will take effect at the start of the next subscription period following the notice. If you do not agree to the price change, you may terminate this Agreement by providing written notice before the effective date of the price change, and you will not be charged the new price. Your continued use of the Services after a price change becomes effective constitutes your agreement to pay the changed amount.
  4. Taxes. All Fees are exclusive of taxes. Customer is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges imposed by any governmental authority on any amounts payable by Customer hereunder, other than any taxes imposed on Provider’s income.
  5. Non-Payment. If Customer fails to pay any Fees when due, Provider may, without limiting its other rights and remedies: (a) charge interest on the past due amount at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less; (b) suspend Customer’s access to the Services until all past due amounts are paid in full; and (c) terminate this Agreement.
  6. Disputed Charges. If Customer disputes a subscription charge made to Customer’s account, Customer must withdraw the dispute within twenty-one (21) calendar days of initiating it. Failure to withdraw the dispute within this timeframe will result in the suspension of Customer’s account until the matter is resolved. Provider reserves the right to permanently revoke access to Customer’s account if the dispute is not withdrawn and resolved in a timely manner. If a chargeback is accepted by Customer’s bank or credit card issuer but is later determined to be fraudulent or submitted in bad faith, Customer will be required to repay the full amount of the chargeback to reinstate access to Customer’s account.

Third-Party Payment Processing

  1. Payment Processors. The Services integrate with third-party payment processing services, including Stripe and PayPal (each, a “Payment Processor”), to enable Customer to process payments from Customer’s clients. Customer’s use of Payment Processor services is governed by the applicable Payment Processor’s terms of service, including the Stripe Connected Account Agreement and Stripe Terms of Service, and the PayPal User Agreement. By using the Services, you agree to be bound by the applicable Payment Processor agreements as they may be modified from time to time.
  2. Customer’s Payment Processor Accounts. Customer must create and maintain its own account(s) with the applicable Payment Processor(s). Provider does not hold, transmit, or otherwise control Customer’s funds. All funds flow directly between Customer’s clients and Customer through the Payment Processor.
  3. PROVIDER DISCLAIMER. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT PROVIDER SHALL NOT BE LIABLE FOR ANY PAYMENTS, MONETARY TRANSACTIONS, FUND HOLDS, FUND FREEZES, CHARGEBACKS, REFUNDS, OR OTHER FINANCIAL MATTERS THAT OCCUR THROUGH CUSTOMER’S USE OF THE SERVICES. ALL PAYMENTS AND MONETARY TRANSACTIONS ARE HANDLED BY THE APPLICABLE PAYMENT PROCESSOR. PROVIDER SHALL NOT BE LIABLE FOR ANY ISSUES REGARDING FINANCIAL AND MONETARY TRANSACTIONS BETWEEN CUSTOMER AND ANY THIRD PARTY, INCLUDING THE PAYMENT PROCESSOR. CUSTOMER AGREES THAT PROVIDER IS A TECHNICAL CONNECTOR AND NOT A FINANCIAL SERVICES PROVIDER, AND CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH PAYMENT PROCESSING.
  4. Transaction Responsibility. Customer is responsible for all transactions (one-time, recurring, and refunds) processed through the Services and the Payment Processor. Provider is not liable for loss or damage from errant or invalid transactions, including transactions that were not processed due to network communication errors or any other reason. If Customer processes a transaction, it is Customer’s responsibility to verify that the transaction was successfully processed.
  5. API Changes. Customer understands that Provider uses Payment Processor APIs to provide certain features of the Services, and that these APIs are subject to change at any time. Such changes may adversely affect the Services. Customer agrees not to hold Provider liable for any adverse effects that result from actions (whether intentional or unintentional) on the part of any Payment Processor.
  6. Prohibited Transactions. Customer must not process stolen credit cards, unauthorized credit cards, or any fraudulent transactions through the Payment Processor or the Services.
  7. Processing Fees. In addition to any transaction fees charged directly by the Payment Processor, Provider may charge a processing fee as described on the pricing page or otherwise disclosed to Customer. This fee will be automatically deducted from each payment.

Communications Consent

  1. Marketing Communications Opt-In. By creating an account and using the Services, you expressly consent to receive marketing and promotional communications from Provider via email, telephone (including calls and text messages to any telephone number you provide, including mobile numbers), and other channels. You may opt out of marketing communications at any time by following the unsubscribe instructions in any email, replying STOP to any text message, or by contacting us at support@home.works. Opting out of marketing communications does not affect transactional or service-related communications.
  2. Transactional Communications. You agree to receive transactional and service-related communications from Provider, including account notifications, billing reminders, security alerts, and updates about the Services. These communications are necessary for the provision of the Services and are not subject to the marketing opt-out described above.

Customer’s Communications to End Users

  1. Mass Communications Features. The Services may include features that allow Customer to send communications (including emails and text messages) to Customer’s clients and contacts. Customer is solely responsible for ensuring that all such communications comply with all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and any state laws governing electronic communications.
  2. Customer’s Consent Obligations. Customer represents and warrants that Customer has obtained all necessary consents from recipients before using the Services to send communications. Provider provides the technical tools; Customer must provide the legal authority to contact the recipients.
  3. Indemnification for Communications. Customer agrees to indemnify and hold harmless Provider from any claims, damages, or liabilities arising from Customer’s communications to third parties through the Services, including any claims alleging violations of the TCPA, CAN-SPAM Act, or other applicable laws.

Children’s Privacy and COPPA Compliance

  1. COPPA Warranty. Customer represents and warrants that Customer will not knowingly upload, submit, or otherwise transmit to the Services any personal information (as defined under the Children’s Online Privacy Protection Act, 15 U.S.C. 6501 et seq., and its implementing regulations) of any child under the age of thirteen (13) without first obtaining verifiable parental consent in accordance with COPPA.
  2. Notification and Cooperation. If Customer becomes aware that Customer Data contains personal information of a child under thirteen (13) that was collected without proper parental consent, Customer shall promptly notify Provider and cooperate with Provider to delete such information.

Security

  1. Provider Security. Provider will implement and maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data from unauthorized access, destruction, use, modification, or disclosure.
  2. Customer Responsibility. Customer is responsible for maintaining the security of Customer’s account credentials and for all access to and use of the Services through Customer’s account, whether or not authorized by Customer. Customer shall promptly notify Provider of any unauthorized access or use of Customer’s account.
  3. No Guarantee. While Provider implements reasonable security measures, no method of transmission over the internet or method of electronic storage is completely secure. 

Confidentiality

  1. Confidential Information. Confidential Information” means any non-public information disclosed by either party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer Data is Confidential Information of Customer. The Services and Provider IP are Confidential Information of Provider.
  2. Protection. Each party agrees to use the same degree of care it uses to protect its own confidential information of similar nature, but in no event less than reasonable care to protect the other party’s Confidential Information and to not disclose such Confidential Information to any third party except as permitted under this Agreement or with the other party’s prior written consent.
  3. Exceptions. Confidential Information does not include information that: (a) is or becomes publicly available without breach of this Agreement; (b) was known to the receiving party prior to disclosure; (c) is rightfully obtained by the receiving party from a third party who had the legal right to disclose it and without restriction on disclosure; or (d) is independently developed by the receiving party without use of the disclosing party’s Confidential Information.

Intellectual Property

  1. Provider IP. Customer acknowledges that, as between Customer and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP, including all modifications, enhancements, derivative works, and improvements thereto, whether or not incorporating Customer Data or Feedback. Nothing in this Agreement transfers any ownership rights in Provider IP to Customer.
  2. Feedback. If Customer provides any suggestions, ideas, enhancement requests, feedback, recommendations, or other information relating to the Services (“Feedback”), Customer hereby assigns to Provider all right, title, and interest in and to the Feedback, and Provider may use and incorporate such Feedback into the Services without restriction or obligation to Customer.

Warranties and Disclaimers

  1. Mutual Warranties. Each party represents and warrants that: (a) it has the legal power and authority to enter into this Agreement; (b) this Agreement constitutes a valid and binding obligation; and (c) the execution and performance of this Agreement does not and will not conflict with any other agreement to which such party is bound.
  2. Provider Warranty. Provider Warranty. Provider warrants that during the Term, the Services will perform materially in accordance with the Documentation when used in accordance with this Agreement and applicable law. This warranty does not apply to any: (a) features designated as beta, pilot, evaluation, or pre-release; (b) issues caused by Customer’s misuse of the Services, unauthorized modifications, or failure to comply with this Agreement; (c) issues caused by factors outside Provider’s reasonable control, including third-party services, Customer’s internet connectivity, or Customer’s hardware or software; (d) issues caused by Customer Data or content; or (e) Services provided on a free or trial basis. PROVIDER’S SOLE OBLIGATION AND CUSTOMER’S EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY SHALL BE FOR PROVIDER TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE NON-CONFORMITY OR, IF PROVIDER CANNOT CORRECT THE NON-CONFORMITY WITHIN THIRTY (30) DAYS, CUSTOMER MAY TERMINATE THIS AGREEMENT AND RECEIVE A PRO-RATA REFUND OF PREPAID FEES FOR THE UNUSED PORTION OF THE SUBSCRIPTION PERIOD.
  3. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 13, THE SERVICES AND DOCUMENTATION ARE PROVIDED “AS IS” AND PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED.
  4. NO GUARANTEE OF BUSINESS SUCCESS. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE TOOLS TO ASSIST IN MANAGING CUSTOMER’S BUSINESS, AND PROVIDER MAKES NO WARRANTY OR GUARANTEE THAT USE OF THE SERVICES WILL RESULT IN INCREASED REVENUE, PROFITABILITY, CUSTOMER ACQUISITION, OR ANY OTHER MEASURE OF BUSINESS SUCCESS. ANY BUSINESS OUTCOMES DEPEND ON NUMEROUS FACTORS OUTSIDE PROVIDER’S CONTROL.

Indemnification

  1. Indemnification by Provider. Provider shall indemnify, defend, and hold harmless Customer and its officers, directors, employees, and agents from and against any third-party claim, suit, action, or proceeding (“Claim”) alleging that the Services, when used in accordance with this Agreement, infringe or misappropriate such third party’s intellectual property rights in the United States or any other jurisdiction where Provider has authorized Customer's use of the Services, and Provider shall pay any damages finally awarded against Customer by a court of competent jurisdiction (or any settlement amounts agreed to in writing by Provider) resulting from such Claim, provided that Customer: (a) promptly notifies Provider in writing of the Claim; (b) gives Provider sole control of the defense and settlement of the Claim; and (c) provides reasonable cooperation to Provider at Provider’s expense.
  2. Indemnification by Customer. Customer shall indemnify, defend, and hold harmless Provider and its officers, directors, employees, agents, affiliates, and contractors from and against any Claim, including reasonable attorneys’ fees and costs, arising out of or relating to: (a) Customer Data or Provider’s use thereof in accordance with this Agreement; (b) Customer’s violation of applicable law; (c) Customer’s material breach of this Agreement, including but not limited to breaches of Section 11 (Confidentiality) or Section 12 (Intellectual Property); (d) Customer’s communications to third parties through the Services; (e) any dispute between Customer and Customer’s clients or end users; or (f) any allegation that Customer Data infringes or misappropriates any third-party intellectual property rights or violates any third-party’s rights of privacy or publicity, provided that Provider: (i) promptly notifies Customer in writing of the Claim; (ii) gives Customer sole control of the defense and settlement of the Claim (provided that Customer may not settle any Claim that imposes obligations on Provider or admits fault on Provider’s behalf without Provider’s prior written consent); and (iii) provides reasonable cooperation to Customer at Customer’s expense. Customer shall pay any damages finally awarded against Provider (or any settlement amounts agreed to by Customer) resulting from such Claim.
  3. Infringement Remedies and Exclusions. If a Claim under Section 14.1 is made or appears likely, Provider may, at its sole option and expense: (a) modify the Services so that they no longer infringe while providing substantially equivalent functionality; (b) obtain for Customer the right to continue using the Services; or (c) if neither (a) nor (b) is commercially reasonable, terminate the affected portion of the Services and refund to Customer any prepaid Fees allocable to the terminated portion for the period following termination on a pro-rata basis. The remedies in this Section 14.3, together with the indemnification obligations in Section 14.1, constitute Provider's sole and exclusive liability and Customer's sole and exclusive remedy for any actual or alleged infringement or misappropriation of third-party intellectual property rights by the Services. Provider shall have no indemnification obligation under Section 14.1 for Claims arising from: (i) Customer’s modification of the Services; (ii) Customer’s combination of the Services with third-party products, services, or content not provided or approved by Provider; (iii) Customer’s use of the Services in violation of this Agreement or applicable law; (iv) Customer Data or content provided by Customer; (v) use of a version of the Services other than the then-current version, if the infringement would have been avoided by use of the current version; or (vi) Customer’s continued use of the Services after Provider has notified Customer of the alleged infringement and provided Customer with a modified or alternative version.

Limitation of Liability

  1. EXCLUSION OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROVIDER BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER SHALL REMAIN LIABLE FOR DIRECT DAMAGES ARISING FROM CUSTOMER’S MATERIAL BREACH OF SECTION 11 (CONFIDENTIALITY) OR SECTION 12 (INTELLECTUAL PROPERTY). CUSTOMER SHALL REMAIN LIABLE FOR ALL DAMAGES (INCLUDING CONSEQUENTIAL DAMAGES) ARISING FROM CUSTOMER’S BREACH OF SECTION 14.2 (INDEMNIFICATION OBLIGATIONS) OR CUSTOMER’S MATERIAL BREACH OF SECTION 18.11 (EXPORT COMPLIANCE).
  2. CAP ON MONETARY LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO PROVIDER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  3. Exceptions. The limitations in Sections 15.1 and 15.2 do not apply to: (a) Provider’s indemnification obligations under Section 14.1; (b) Customer’s indemnification obligations under Section 14.2; (c) either party’s material breach of Section 11 (Confidentiality); (d) either party’s payment obligations under this Agreement; (e) either party’s material breach of Section 12 (Intellectual Property); (f) either party’s gross negligence or willful misconduct; or (g) liabilities that cannot be limited under applicable law.

Term and Termination

  1. Term. This Agreement commences on the date you first accept it and continues until terminated in accordance with this Section 16 (the “Term”).
  2. Termination for Convenience. Customer may terminate this Agreement at any time by canceling Customer’s subscription through the account settings or by providing written notice to Provider. Termination will be effective at the end of the then-current billing period, except that if Customer provides written notice of termination for Provider’s material breach, termination shall be effective immediately upon the expiration of Provider’s thirty (30) day cure period if the breach remains uncured. Except as required by applicable law, in the event of Provider’s material breach that remains uncured for thirty (30) days following written notice, Customer shall receive a pro-rata refund of any prepaid Fees for the unused portion of the subscription period. Otherwise, no refunds will be provided for any unused portion of the subscription period.
  3. Termination for Cause. Either party may terminate this Agreement immediately upon written notice if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days after receiving written notice thereof; provided, however, that Provider may terminate immediately without providing a cure period if Customer: (i) materially breaches Section 2 (Acceptable Use Policy), Section 3 (Intellectual Property Rights), or Section 11 (Confidentiality); (ii) engages in illegal activity that relates to Customer’s use of the Services; (iii) engages in activity that poses a material security risk to the Services, Provider, or third parties; (iv) refuses to fulfill or materially breaches its indemnification obligations under Section 14.2 after receiving notice and a reasonable opportunity to assume defense; (v) exceeds usage limits or quotas by more than 50% for two consecutive billing periods after receiving written notice; (vi) uses the Services in a manner that subjects Provider to actual regulatory investigation or material liability; or (vii) becomes insolvent, files for bankruptcy, or makes an assignment for the benefit of creditors. Provider may also terminate this Agreement immediately upon written notice if Customer fails to pay any Fees when due.
  4. Suspension. Provider may suspend Customer’s access to the Services immediately and without prior notice if: (a) Customer fails to pay any Fees when due, including after any applicable grace period; (b) Customer’s use of the Services poses a security risk to the Services, Provider’s systems, or any third party; (c) Customer’s use of the Services may subject Provider to liability, regulatory action, or legal claims; (d) Customer’s use of the Services violates applicable law or regulations; (e) Customer breaches Section 3.3 (Use Restrictions) or Section 12 (Intellectual Property); (f) Customer exceeds usage limits or quotas set forth in Customer’s subscription; (g) Provider reasonably believes suspension is necessary to comply with legal requirements, court orders, or requests from law enforcement or regulatory authorities; (h) Customer breaches Section 11 (Confidentiality); or (i) Provider detects unusual activity or patterns suggesting unauthorized access to Customer’s account. Provider shall use commercially reasonable efforts to provide notice of suspension where practicable, but failure to provide notice shall not affect Provider’s right to suspend or limit Provider’s liability for such suspension.
  5. Effect of Termination. Upon termination or expiration of this Agreement: (a) all rights granted to Customer under this Agreement will immediately cease; (b) Customer shall immediately discontinue use of the Services and delete or destroy all copies of Provider’s software, documentation, and materials; (c) Customer shall immediately pay all outstanding Fees and charges incurred through the effective date of termination; (d) each party shall return or destroy all Confidential Information of the other party; and (e) termination shall not affect any rights or obligations that accrued prior to termination.
  6. Data Export and Deletion. Upon termination, Customer will have thirty (30) days to export Customer Data from the Services using Provider’s standard export tools, except that if this Agreement is terminated by Provider pursuant to Section 16.3 or 16.4 due to Customer’s breach, Provider may immediately suspend Customer’s access and is not obligated to provide any data export period. Provider may charge reasonable fees for data export assistance beyond the standard export tools. Customer acknowledges that certain data formats or integrations may not be available for export and that Provider makes no warranties regarding the completeness or usability of exported data. After the thirty (30) day period (or immediately upon termination for Customer’s breach), Provider may delete all Customer Data in its possession, and Provider shall have no obligation to maintain or provide any Customer Data, except as required by applicable law or legal process. Provider shall not be liable to Customer or any third party for the deletion of Customer Data following the thirty (30) day period.
  7. Survival. Sections 1, 4.3, 6.3, 11, 12, 13.3, 13.4, 14, 15, 16.5, 16.6, 16.7, 17, and 18 shall survive any termination or expiration of this Agreement.

Dispute Resolution

  1. MANDATORY ARBITRATION. EXCEPT AS SET FORTH IN SECTION 17.5, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION IN WHATCOM COUNTY, WASHINGTON, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.
  2. ACTION WAIVER. YOU AGREE TO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PROVIDER AGREE, NO ARBITRATOR MAY CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.
  3. JURY TRIAL WAIVER. YOU UNDERSTAND THAT BY AGREEING TO THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO A JURY TRIAL.
  4. Limitation on Time to Bring Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  5. Small Claims Exception. Notwithstanding Section 17.1, either party may bring an individual action in small claims court if the claim meets the requirements for small claims court. You agree to the sole jurisdiction and venue of any small claims court located in Whatcom County, Washington.

General Provisions

  1. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule.
  2. Entire Agreement. This Agreement, together with the Privacy Policy and any subscription order or confirmation, constitutes the sole and entire agreement between Customer and Provider with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties.
  3. Amendment. Provider may modify this Agreement at any time by posting a revised version on the Services. The revised version will be effective upon posting unless otherwise stated. Customer’s continued use of the Services after the posting of a revised version constitutes Customer’s acceptance of such revised version. If Customer does not agree to the revised terms, Customer must stop using the Services and terminate this Agreement.
  4. Assignment. Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of Provider. Provider may assign this Agreement without consent to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any attempted assignment in violation of this Section is void.
  5. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall continue in full force and effect.
  6. Waiver. No waiver by either party of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
  7. Notices. All notices under this Agreement shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by confirmed email; or (c) three (3) days after being sent by registered or certified mail, return receipt requested, to the address on file in Customer’s account or to Provider at support@home.works.
  8. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
  9. Force Majeure. Neither party shall be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of governmental authorities, or failure of the internet, provided that the affected party gives prompt notice of such condition and uses reasonable efforts to resume performance.
  10. Promotional Terms. From time to time, Provider may offer promotional pricing, discounts, or special offers (“Promotional Terms”). Promotional Terms will be set forth in separate communications and are subject to additional terms and conditions. In the event of a conflict between this Agreement and any Promotional Terms, the Promotional Terms shall control only with respect to the specific promotion.
  11. Export Compliance. Customer shall comply with all applicable export and import control laws and regulations.

Contact Information

If you have questions about this Agreement, please contact us at:

Copilot Software, LLC

1370 Admiral Pl

Ferndale, WA 98248 USA

support@home.works


* * *

BY CLICKING “I AGREE” OR BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Black Friday Onboarding Promotion Terms

The Copilot Black Friday Onboarding Promotion (“Promotion”) is a limited-time offer available only to new subscribers who sign up for the Enterprise plan between November 28, 2025, and December 3, 2025, at 11:59 PM PST (“Promotion Period”).



By participating in the Promotion, you agree to the following terms in addition to the standard Copilot Terms of Service:

1. Eligibility

The Promotion is available only to new Homeworks Enterprise subscribers who register and make their initial payment during the Promotion Period.


Users must complete the Black Friday Onboarding Checklist (outlined below) in full by January 1, 2026, at 11:59 PM PST to qualify for the promotional refund and free month.

The Promotion is limited to one (1) redemption per company or business entity.

2. Promotion Benefits

Qualified participants will receive:

A refund of their first month’s worth of Enterprise subscription fee; and

One (1) additional month of Enterprise service added at no cost.

The combined value of this Promotion is over $500 USD, based on the standard Enterprise plan rate of $279 per month.

3. Onboarding Checklist Requirements

To qualify, all of the following twelve (12) onboarding steps must be fully and verifiably completed:

  1. Add Your Logo — The company’s business logo must be uploaded into the user’s Copilot CRM account
  2. Import Your Data — Customer, property, and item/service data must be imported into the account (data count > 0).
  3. Set Up Payments — A valid Stripe account must be connected to Copilot without restrictions.
  4. Sign Up for Copilot Academy — A Kajabi (Homeworks Academy) account must be created and identifiable by the Homeworks CRM team.
  5. Add Your First Customer — The account must contain at least one (1) customer.
  6. Create Your First Estimate — The account must contain at least one (1) estimate.
  7. Create Your First Visit — The account must contain at least one (1) visit.
  8. Collect Your First Payment — The account must contain at least one (1) payment transaction.
  9. Join the Homeworks Orientation Call — The user must have fully attended a Homeworks Onboarding Call (scheduled via Calendly).
  10. Send a Text Blast — A mass text message must be sent through the user’s Homeworks CRM account.
  11. Send an Email Blast — A mass email must be sent through the user’s Homeworks CRM account.
  12. Attend Mike Andes’ New Member Q&A — The user must have fully attended the Homeworks CRM New Member Business Q&A (scheduled via Calendly)..

4. Verification

Completion of checklist items as shown in the in-app messenger does not guarantee eligibility.


Homeworks support and onboarding teams will manually verify checklist completion according to the criteria listed above.


Only verified completions will be considered valid for Promotion qualification.

Homeworks reserves the right to request proof of activity or usage to confirm checklist completion.

5. Fulfillment

Once verified, the Homeworks team will process the applicable refund and apply the free month of service within 10 business days.


Refunds will be issued to the same payment method used for the initial subscription.

6. Additional Terms

Participants who fail to complete all twelve checklist items by the stated deadline will not be eligible for the refund or free month.


Homeworks reserves the right to modify, suspend, or terminate the Promotion at any time for any reason, without notice.


Fraudulent, incomplete, or misleading submissions will void eligibility.

The Promotion has no cash value and may not be combined with other discounts, trials, or promotions.

Teen Giveback Program

The Homeworks Teen Giveback Program is available to individuals under the age of 18 who can provide valid documentation proving their age and the legal registration of their business. Eligible participants will receive free access to the Homeworks Starter Monthly plan until their 18th birthday. Proof of age and business registration must be submitted through the form on www.home.works/teen at the time of application. Failure to provide valid documentation will result in ineligibility for the program, and no refunds or prorated subscription fees will be issued for services already provided.

Upon turning 18, participants will automatically transition to a standard paid subscription plan unless they choose to cancel their service. On the individual's 18th birthday, the subscription will renew at full cost, resulting in a charge on the card on file. The program is non-transferable and may only be used by the original applicant. Homeworks Software LLC reserves the right to modify or terminate the program with or without prior notice, and changes will take effect immediately. Homeworks Software LLC also reserves the right to suspend or terminate program access on an individual basis with notice, at any time, with or without cause, and changes will take effect immediately. Participants are responsible for ensuring that their use of Homeworks complies with applicable laws in their jurisdiction.


The Homeworks Giveback Program offers only the base subscription at no charge. Additional users added to the software with enabled logins will result in a $15 USD charge every month per active user login.


By joining the program, applicants agree to these Terms and Conditions.

Website

Acceptance of the Terms of Use

  1. These Website Terms of Use (“Terms”) constitute a legally binding agreement entered into by and between you and Copilot Software, LLC, a Washington limited liability company doing business as Homeworks (“Company,” “we,” or “us”). These Terms govern your access to and use of www.home.works and any successor domains (the “Website”), including any content, functionality, and services offered on or through the Website, but excluding access to or use of the Homeworks software platform, which is governed by the separate SaaS Services Agreement.
  2. By clicking “I Accept,” accessing, or using the Website, you acknowledge that you have read, understood, and accept and agree to be bound by these Terms and our Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.

Eligibility

  1. This Website is offered and available to users who are thirteen (13) years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet this eligibility requirement. If you are under eighteen (18) years of age, you represent and warrant that you have obtained the verifiable consent of a parent or legal guardian to access the Website and be bound by these Terms in accordance with applicable law, and that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. The Company reserves the right to request proof of such parental consent at any time and to terminate access if such proof is not provided within a reasonable time period. If you do not meet these requirements, you must not access or use the Website.
  2. If you wish to create an account and use the Homeworks software platform (including participation in the Teen Giveback Program for users ages 13 to 17), your use will be governed by the SaaS Services Agreement, which requires separate acceptance.

Changes to the Terms of Use

  1. We may revise and update these Terms from time to time in our sole discretion. We will provide notice of material changes by posting the updated Terms on the Website with a new “Last Modified” date and, where required by law, by providing additional notice such as email notification to registered users. Non-material changes are effective immediately when we post them. Material changes are effective thirty (30) days after posting, and apply to all access to and use of the Website thereafter. For registered users, we will provide email notification of material changes to the emailaddress associated with your account. Your continued use of the Website after the effective date of any changes constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must stop using the Website.

Intellectual Property Rights

  1. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  2. The Company name, the terms “Copilot CRM,” “Homeworks,” the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

Limited License to Use Website

  1. These Terms permit you to use the Website for your personal, non-commercial use only. This license is limited, revocable, non-exclusive, and non-transferable. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
  2. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  3. You may store files that are automatically cached by your web browser for display enhancement purposes.
  4. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  5. If we provide social media features with certain content, you may take such actions as are enabled by such features.
  6. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You agree to provide written certification of such destruction or return upon our reasonable request. No right, title, or interest in or to the Website or any content on the Website is transferred to you.

Prohibited Uses

  1. You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
  2. In any way that violates any applicable federal, state, local, or international law or regulation.
  3. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
  4. To transmit any advertising or promotional material without our prior written consent, including any spam or similar solicitation.
  5. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm the Company or users of the Website.
  7. Additionally, you agree not to:
  8. Use any robot, spider, scraper, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  9. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  10. Use any device, software, or routine that interferes with the proper working of the Website.
  11. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  13. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  14. Otherwise attempt to interfere with the proper working of the Website or reverse engineer, decompile, or disassemble any portion of the Website.

User Contributions and Content Standards

  1. You agree that any User Contributions you provide will not:
  2. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  3. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  4. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any other person;
  5. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations;
  6. Be likely to deceive any person or promote any illegal activity, or advocate, promote, or assist any unlawful act; Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  7. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; or contain advertising, promotional materials, or any form of commercial solicitation.
  8. The Website may contain interactive features that allow users to post, submit, publish, display, or transmit content or materials (“User Contributions”).
  9. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary, except for personal information, which will be handled in accordance with our Privacy Policy and will not be subject to the license grant in Section 7.10 except as necessary to provide the services you request.
  10. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable (except as provided in Section 7.10.1), royalty-free, fully paid-up, worldwide, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose related to the operation and promotion of the Website and our business.
  11. Notwithstanding the perpetual and irrevocable nature of the license granted above, you may request deletion of your User Contributions by contacting us at support@home.works and we will use commercially reasonable efforts to remove such User Contributions from public display within thirty (30) days, except to the extent we are required to retain them by law or they have been incorporated into derivative works or shared with third parties prior to your deletion request.
  12. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license above, and that all of your User Contributions comply with these Terms. You are responsible for any User Contributions you submit or contribute. We are not responsible or liable to any third party for the content or accuracy of any User Contributions.
  13. We have the right, but not the obligation, to: (a) monitor, review, screen, post, remove, modify, store and/or delete any User Contributions at any time and for any reason, including if we believe User Contributions violate these Terms or applicable law; provided, however, that we will provide notice to you of any removal or modification when practicable; (b) disclose any User Contributions and the circumstances surrounding their transmission to any third party in order to operate the Website, to protect ourselves and our affiliates, or to comply with legal obligations or governmental requests; and (c) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe it violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

Third-Party Links

  1. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Privacy Policy

  1. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Disclaimer of Warranties

  1. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE.
  2. 10.2. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR RECONSTRUCTION OF ANY LOST DATA
  3. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
  4. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
  5. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
  6. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

  1. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITYTO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
  2. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE AMOUNT YOU PAID, IF ANY, TO ACCESS THE WEBSITE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
  3. The limitation of liability set out above does not apply to liability resulting from our gross negligence, willful misconduct, fraud, or any other liability that cannot be limited under applicable law.
  4. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

  1. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Website in violation of these Terms or applicable law; (c) your User Contributions; (d) any use of the Website’s content, services, and products other than as expressly authorized in these Terms; or (e) your use of any information obtained from the Website, except to the extent such claims arise from the Company's gross negligence, willful misconduct, or breach of these Terms.
  2. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with the Company’s defense of such claims.

Arbitration

  1. Any dispute, controversy, or claim arising out of or relating to these Terms or the Website, including any disputes regarding the applicability, interpretation, or enforceability of this arbitration clause, shall be resolved through binding arbitration, except that either party may bring an action in court for injunctive or other equitable relief regarding intellectual property rights or to enforce this arbitration provision. The arbitration shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association then in effect. The place of arbitration shall be Seattle, Washington, or at another location mutually agreed upon by the parties. The decision of the arbitrator shall be final and binding upon the parties, subject to any right of appeal under the Federal Arbitration Act. Each party shall bear its own costs and expenses of arbitration; provided, however, that if you are a consumer and prevail on any claim for which you are legally entitled to attorney's fees, the arbitrator may award reasonable attorney's fees and costs as determined by applicable law. The parties shall share equally the arbitrator’s fees and expenses, unless the arbitrator awards otherwise or applicable law requires different allocation. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

    YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Waiver and Severability

  1. No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
  2. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Copilot Software, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. No modification, amendment, or waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Copilot Software, LLC. If you create an account and use the Homeworks software platform, the SaaS Services Agreement will govern that relationship and, to the extent of any conflict between these Terms and the SaaS Services Agreement, the SaaS Services Agreement shall control with respect to your use of the platform; provided, however, that these Terms shall continue to govern your use of the Website outside of the platform functionality. Our privacy policy is available on our website and is incorporated herein by reference. We reserve the right to update the Privacy Policy from time to time, and any such updates will be effective upon posting to the Website.

Your Comments and Concerns

  1. This Website is operated by Copilot Software, LLC, a Washington limited liability company. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@home.works. For legal notices, including notices of breach, termination, or disputes, written notice must be sent to the mailing address specified below, Attention: Legal Department, and shall be deemed received five (5) business days after mailing via certified mail, return receipt requested.
  2. Our principal place of business and mailing address for legal notices is:
    Copilot Software, LLC
    1370 Admiral Pl
    Ferndale, WA 98248 USA
    support@home.works

Software

This SaaS Services Agreement (this “Agreement”) is a binding legal contract between

you (“Customer, ” “you,” or “your”) and Copilot Software, LLC, a Washington limited liability company doing business as Homeworks (“Provider,” “we,” “us,” or “our”). This Agreement, together with any Order Form or subscription agreement executed by the parties (each an “Order Form”), governs your access to and use of the Homeworks software platform (the “Services”). In the event of any conflict between this Agreement and an Order Form, the Order Form shall control with respect to the specific terms addressed therein, except that no Order Form may modify or reduce Provider’s limitation of liability (Section 15), indemnification rights (Section 14), intellectual property protections (Section 12), confidentiality obligations (Section 11), warranty disclaimers (Section 13.2), or data ownership and usage rights (Section 4) without Provider’s express written consent executed by an officer of Provider.


BY CREATING AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE AND AVAILABLE AT https://home.works/privacy-policy (the “Privacy Policy”). You acknowledge that you have had a reasonable opportunity to review the Privacy Policy before accepting this Agreement. Provider will provide at least thirty (30) days’ advance notice of any material changes to the Privacy Policy, and your continued use of the Services after such notice period constitutes acceptance of the modified Privacy Policy. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES.


If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement.

Definitions

  1. Authorized User” means Customer’s employees, consultants, contractors, and agents who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement, subject to any user limits set forth in your subscription plan or Order Form. Customer is responsible for all acts and omissions of Authorized Users in connection with their use of the Services, and any breach of this Agreement by an Authorized User shall be deemed a breach by Customer. Customer shall ensure that all Authorized Users comply with the terms of this Agreement and shall promptly terminate access for any Authorized User who violates this Agreement.
  2. Customer Data” means information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Services, including but not limited to customer contact information, scheduling data, invoices, photos, videos, and other media files.
  3. Documentation” means Provider’s user manuals, handbooks, guides, and help center content relating to the Services provided by Provider to Customer either electronically or in hard copy form.
  4. Provider IP” means the Services, the Documentation, and any and all intellectual property provided to Customer or any Authorized User in connection with the foregoing, including all software, algorithms, user interfaces, workflows, templates, reports, analytics tools, APIs, know-how, and Resultant Data. For the avoidance of doubt, Provider IP does not include Customer Data but does include all derivative works, modifications, and enhancements to the Services, whether created by Provider or suggested by Customer.
  5. Resultant Data” means data and information derived from Provider’s processing of Customer Data that is anonymized and aggregated with data from other customers such that it does not identify Customer, any Authorized User, or any individual through reasonably available means. Resultant Data may be used by Provider for analytics, benchmarking, product improvement, machine learning, and other lawful business purposes. Data is considered anonymized when it cannot be used to identify an individual or entity without the use of additional information that is kept separately and subject to technical and organizational measures to prevent re-identification. Provider represents and warrants that it will maintain such technical and organizational measures in accordance with industry standards and will not attempt to re-identify any anonymized data.

Eligibility and Account Registration

  1. General Eligibility. To create an account and use the Services, you must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract under applicable law. If you are entering into this Agreement on behalf of a legal entity, you must have the authority to bind that entity. By creating an account, you represent and warrant that you meet these requirements. Provider reserves the right to request proof of age or legal authority at any time.
  2. Teen Giveback Program. Notwithstanding Section 2.1, individuals who are at least thirteen (13) years of age but under eighteen (18) years of age (“Minor”) may access and use the Services solely through the Teen Giveback Program only if their parent or legal guardian (“Guardian”) provides verifiable written consent and agrees to be bound by this Agreement on the Minor’s behalf. The Guardian acknowledges that under Washington law, minors generally lack capacity to enter binding contracts, and therefore the Guardian is entering into this Agreement and assuming all obligations hereunder. The Teen Giveback Program is subject to the following conditions:
  3. The Minor must provide valid documentation verifying their age (such as a birth certificate, passport, or government-issued identification) and proof of legal business registration (if operating as a business entity).
  4. The Guardian must provide verifiable written consent to the Minor’s participation by signing Provider’s parental consent form, which shall include: (i) acknowledgment that the Guardian has reviewed and agrees to be bound by this Agreement; (ii) acknowledgment that the Guardian, not the Minor, is the contracting party and is solely liable for all obligations under this Agreement, including all payment obligations, subscription fees, and any damages arising from breach; (iii) certification that they are the Minor’s parent or legal guardian with authority to bind the Minor; and (iv) completion of Provider’s identity verification process, which may include submission of government-issued identification. The Guardian agrees that their electronic signature on the consent form constitutes a legally binding signature under the Washington Uniform Electronic Transactions Act (RCW 19.360) and the federal ESIGN Act (15 U.S.C. 7001 et seq.).
  5. The minor’s use of the Services is limited to the Teen Giveback Program tier and is subject to all terms of this Agreement.
  6. Upon the minor’s eighteenth (18th) birthday, the account will automatically transition to a standard paid subscription at full cost. Provider will provide written notice at least thirty (30) days prior to the minor’s eighteenth birthday regarding this transition and the applicable fees. The subscription will be charged to the payment method on file, unless the Customer cancels prior to that date. At the time of transition, the now-adult individual (formerly the Minor) shall become the contracting party and shall be solely responsible for all obligations under this Agreement going forward, and the Guardian shall be released from all future obligations (but not past obligations incurred during the Minor’s participation).
  7. Account Information. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and any other credentials used to access your account, and you agree not to disclose your password to any third party. You are responsible for all activity on your account.
  8. Account Suspension. Provider reserves the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, not current, or incomplete.

License Grant and Restrictions

  1. License Grant. Subject to the terms and conditions of this Agreement, Customer’s compliance with all applicable laws, and payment of all applicable Fees, Provider hereby grants Customer a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during the Term, solely for use by Authorized Users in accordance with this Agreement. Such use is limited to Customer’s internal business purposes. This is a subscription license, not a sale. You do not acquire any ownership interest in the Services or Provider IP.
  2. Documentation License. Provider hereby grants to Customer a non-exclusive, non-sublicensable, non-transferable license to use the Documentation during the Term solely for Customer’s internal business purposes in connection with its use of the Services.
  3. Use Restrictions. Customer shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, and shall not permit any Authorized Users or third parties to:
  4. copy, modify, or create derivative works of the Services or Documentation, in whole or in part;
  5. rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Documentation to any third party;
  6. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part;
  7. remove any proprietary notices from the Services or Documentation;
  8. use the Services for competitive analysis, benchmarking, or to develop a competing product or service;
  9. use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services;
  10. use any robot, spider, or other automatic device or manual process to monitor or copy any content from the Services;
  11. introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material;
  12. use the Services to send unsolicited communications (spam) or otherwise violate applicable laws regarding electronic communications, including the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act; or
  13. use the Services in violation of any applicable law or regulation.

Customer Data and Ownership

  1. Customer Data Ownership. As between Provider and Customer, Customer owns all right, title, and interest, including all intellectual property rights, in and to the Customer Data. Provider acquires no ownership rights in Customer Data.
  2. License to Customer Data. Customer hereby grants to Provider a non-exclusive, royalty-free, worldwide license to reproduce, store, transmit, display, perform, and use the Customer Data solely to the extent necessary for Provider to provide the Services to Customer, to comply with its obligations under this Agreement, and to enforce Provider’s rights under this Agreement.
  3. Besultant Data. Provider owns all right, title, and interest in and to the Resultant Data. Customer acknowledges and agrees that Provider may use Resultant Data for analytics, benchmarking, product improvement, machine learning model training, and other lawful business purposes, provided that such use does not identify Customer, any Authorized User, or any individual. Provider may share Resultant Data with third parties for these purposes, provided such sharing complies with the anonymization requirements set forth in the definition of Resultant Data. Customer may not object to or restrict Provider’s use of Resultant Data as set forth in this Section.
  4. Customer Responsibility for Data. Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data. Customer represents and warrants that: (a) it has obtained and will maintain all necessary rights, consents, and authorizations to collect, upload, and process the Customer Data through the Services, including any personal information of third parties, and will provide Provider with evidence of such rights, consents, and authorizations upon request; (b) the Customer Data and Customer’s use thereof does not and will not violate any applicable law, regulation, or third-party right, including but not limited to data protection laws, privacy laws, and intellectual property rights; (c) the Customer Data does not contain any viruses, malware, or other harmful code; and (d) Customer will promptly notify Provider of any claims or allegations that the Customer Data violates any third-party rights or applicable laws.
  5. Data Storage Limits. The Services may impose storage limits on Customer Data, including limits on the size of media files. Provider reserves the right to modify these limits upon thirty (30) days’ notice and to delete or refuse to store Customer Data that exceeds applicable limits after providing at least ten (10) days’ notice to Customer, except in cases of emergency or where the excess data poses a security risk, in which case Provider may take immediate action.

Payment Terms

  1. Fees. Customer shall pay Provider the fees applicable to Customer’s selected subscription plan (“Fees”) as set forth on the pricing page at the time of subscription or as otherwise agreed in writing. All Fees are non-refundable except as expressly set forth in this Agreement or required by applicable law.
  2. Billing and Automatic Renewal. Fees are billed in advance on a monthly or annual basis, depending on Customer’s selected billing cycle. Your subscription will automatically renew for successive periods of the same length as the initial subscription period unless you cancel your subscription before the renewal date. You authorize Provider to charge your payment method on file for all renewal Fees.
  3. Price Changes. Provider may change the Fees for the Services by providing you with at least sixty (60) days advance notice via email to the address associated with your account. Price changes will take effect at the start of the next subscription period following the notice. If you do not agree to the price change, you may terminate this Agreement by providing written notice before the effective date of the price change, and you will not be charged the new price. Your continued use of the Services after a price change becomes effective constitutes your agreement to pay the changed amount.
  4. Taxes. All Fees are exclusive of taxes. Customer is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges imposed by any governmental authority on any amounts payable by Customer hereunder, other than any taxes imposed on Provider’s income.
  5. Non-Payment. If Customer fails to pay any Fees when due, Provider may, without limiting its other rights and remedies: (a) charge interest on the past due amount at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less; (b) suspend Customer’s access to the Services until all past due amounts are paid in full; and (c) terminate this Agreement.
  6. Disputed Charges. If Customer disputes a subscription charge made to Customer’s account, Customer must withdraw the dispute within twenty-one (21) calendar days of initiating it. Failure to withdraw the dispute within this timeframe will result in the suspension of Customer’s account until the matter is resolved. Provider reserves the right to permanently revoke access to Customer’s account if the dispute is not withdrawn and resolved in a timely manner. If a chargeback is accepted by Customer’s bank or credit card issuer but is later determined to be fraudulent or submitted in bad faith, Customer will be required to repay the full amount of the chargeback to reinstate access to Customer’s account.

Third-Party Payment Processing

  1. Payment Processors. The Services integrate with third-party payment processing services, including Stripe and PayPal (each, a “Payment Processor”), to enable Customer to process payments from Customer’s clients. Customer’s use of Payment Processor services is governed by the applicable Payment Processor’s terms of service, including the Stripe Connected Account Agreement and Stripe Terms of Service, and the PayPal User Agreement. By using the Services, you agree to be bound by the applicable Payment Processor agreements as they may be modified from time to time.
  2. Customer’s Payment Processor Accounts. Customer must create and maintain its own account(s) with the applicable Payment Processor(s). Provider does not hold, transmit, or otherwise control Customer’s funds. All funds flow directly between Customer’s clients and Customer through the Payment Processor.
  3. PROVIDER DISCLAIMER. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT PROVIDER SHALL NOT BE LIABLE FOR ANY PAYMENTS, MONETARY TRANSACTIONS, FUND HOLDS, FUND FREEZES, CHARGEBACKS, REFUNDS, OR OTHER FINANCIAL MATTERS THAT OCCUR THROUGH CUSTOMER’S USE OF THE SERVICES. ALL PAYMENTS AND MONETARY TRANSACTIONS ARE HANDLED BY THE APPLICABLE PAYMENT PROCESSOR. PROVIDER SHALL NOT BE LIABLE FOR ANY ISSUES REGARDING FINANCIAL AND MONETARY TRANSACTIONS BETWEEN CUSTOMER AND ANY THIRD PARTY, INCLUDING THE PAYMENT PROCESSOR. CUSTOMER AGREES THAT PROVIDER IS A TECHNICAL CONNECTOR AND NOT A FINANCIAL SERVICES PROVIDER, AND CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH PAYMENT PROCESSING.
  4. Transaction Responsibility. Customer is responsible for all transactions (one-time, recurring, and refunds) processed through the Services and the Payment Processor. Provider is not liable for loss or damage from errant or invalid transactions, including transactions that were not processed due to network communication errors or any other reason. If Customer processes a transaction, it is Customer’s responsibility to verify that the transaction was successfully processed.
  5. API Changes. Customer understands that Provider uses Payment Processor APIs to provide certain features of the Services, and that these APIs are subject to change at any time. Such changes may adversely affect the Services. Customer agrees not to hold Provider liable for any adverse effects that result from actions (whether intentional or unintentional) on the part of any Payment Processor.
  6. Prohibited Transactions. Customer must not process stolen credit cards, unauthorized credit cards, or any fraudulent transactions through the Payment Processor or the Services.
  7. Processing Fees. In addition to any transaction fees charged directly by the Payment Processor, Provider may charge a processing fee as described on the pricing page or otherwise disclosed to Customer. This fee will be automatically deducted from each payment.

Communications Consent

  1. Marketing Communications Opt-In. By creating an account and using the Services, you expressly consent to receive marketing and promotional communications from Provider via email, telephone (including calls and text messages to any telephone number you provide, including mobile numbers), and other channels. You may opt out of marketing communications at any time by following the unsubscribe instructions in any email, replying STOP to any text message, or by contacting us at support@home.works. Opting out of marketing communications does not affect transactional or service-related communications.
  2. Transactional Communications. You agree to receive transactional and service-related communications from Provider, including account notifications, billing reminders, security alerts, and updates about the Services. These communications are necessary for the provision of the Services and are not subject to the marketing opt-out described above.

Customer’s Communications to End Users

  1. Mass Communications Features. The Services may include features that allow Customer to send communications (including emails and text messages) to Customer’s clients and contacts. Customer is solely responsible for ensuring that all such communications comply with all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and any state laws governing electronic communications.
  2. Customer’s Consent Obligations. Customer represents and warrants that Customer has obtained all necessary consents from recipients before using the Services to send communications. Provider provides the technical tools; Customer must provide the legal authority to contact the recipients.
  3. Indemnification for Communications. Customer agrees to indemnify and hold harmless Provider from any claims, damages, or liabilities arising from Customer’s communications to third parties through the Services, including any claims alleging violations of the TCPA, CAN-SPAM Act, or other applicable laws.

Children’s Privacy and COPPA Compliance

  1. COPPA Warranty. Customer represents and warrants that Customer will not knowingly upload, submit, or otherwise transmit to the Services any personal information (as defined under the Children’s Online Privacy Protection Act, 15 U.S.C. 6501 et seq., and its implementing regulations) of any child under the age of thirteen (13) without first obtaining verifiable parental consent in accordance with COPPA.
  2. Notification and Cooperation. If Customer becomes aware that Customer Data contains personal information of a child under thirteen (13) that was collected without proper parental consent, Customer shall promptly notify Provider and cooperate with Provider to delete such information.

Security

  1. Provider Security. Provider will implement and maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data from unauthorized access, destruction, use, modification, or disclosure.
  2. Customer Responsibility. Customer is responsible for maintaining the security of Customer’s account credentials and for all access to and use of the Services through Customer’s account, whether or not authorized by Customer. Customer shall promptly notify Provider of any unauthorized access or use of Customer’s account.
  3. No Guarantee. While Provider implements reasonable security measures, no method of transmission over the internet or method of electronic storage is completely secure. 

Confidentiality

  1. Confidential Information. Confidential Information” means any non-public information disclosed by either party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer Data is Confidential Information of Customer. The Services and Provider IP are Confidential Information of Provider.
  2. Protection. Each party agrees to use the same degree of care it uses to protect its own confidential information of similar nature, but in no event less than reasonable care to protect the other party’s Confidential Information and to not disclose such Confidential Information to any third party except as permitted under this Agreement or with the other party’s prior written consent.
  3. Exceptions. Confidential Information does not include information that: (a) is or becomes publicly available without breach of this Agreement; (b) was known to the receiving party prior to disclosure; (c) is rightfully obtained by the receiving party from a third party who had the legal right to disclose it and without restriction on disclosure; or (d) is independently developed by the receiving party without use of the disclosing party’s Confidential Information.

Intellectual Property

  1. Provider IP. Customer acknowledges that, as between Customer and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP, including all modifications, enhancements, derivative works, and improvements thereto, whether or not incorporating Customer Data or Feedback. Nothing in this Agreement transfers any ownership rights in Provider IP to Customer.
  2. Feedback. If Customer provides any suggestions, ideas, enhancement requests, feedback, recommendations, or other information relating to the Services (“Feedback”), Customer hereby assigns to Provider all right, title, and interest in and to the Feedback, and Provider may use and incorporate such Feedback into the Services without restriction or obligation to Customer.

Warranties and Disclaimers

  1. Mutual Warranties. Each party represents and warrants that: (a) it has the legal power and authority to enter into this Agreement; (b) this Agreement constitutes a valid and binding obligation; and (c) the execution and performance of this Agreement does not and will not conflict with any other agreement to which such party is bound.
  2. Provider Warranty. Provider Warranty. Provider warrants that during the Term, the Services will perform materially in accordance with the Documentation when used in accordance with this Agreement and applicable law. This warranty does not apply to any: (a) features designated as beta, pilot, evaluation, or pre-release; (b) issues caused by Customer’s misuse of the Services, unauthorized modifications, or failure to comply with this Agreement; (c) issues caused by factors outside Provider’s reasonable control, including third-party services, Customer’s internet connectivity, or Customer’s hardware or software; (d) issues caused by Customer Data or content; or (e) Services provided on a free or trial basis. PROVIDER’S SOLE OBLIGATION AND CUSTOMER’S EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY SHALL BE FOR PROVIDER TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE NON-CONFORMITY OR, IF PROVIDER CANNOT CORRECT THE NON-CONFORMITY WITHIN THIRTY (30) DAYS, CUSTOMER MAY TERMINATE THIS AGREEMENT AND RECEIVE A PRO-RATA REFUND OF PREPAID FEES FOR THE UNUSED PORTION OF THE SUBSCRIPTION PERIOD.
  3. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 13, THE SERVICES AND DOCUMENTATION ARE PROVIDED “AS IS” AND PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED.
  4. NO GUARANTEE OF BUSINESS SUCCESS. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE TOOLS TO ASSIST IN MANAGING CUSTOMER’S BUSINESS, AND PROVIDER MAKES NO WARRANTY OR GUARANTEE THAT USE OF THE SERVICES WILL RESULT IN INCREASED REVENUE, PROFITABILITY, CUSTOMER ACQUISITION, OR ANY OTHER MEASURE OF BUSINESS SUCCESS. ANY BUSINESS OUTCOMES DEPEND ON NUMEROUS FACTORS OUTSIDE PROVIDER’S CONTROL.

Indemnification

  1. Indemnification by Provider. Provider shall indemnify, defend, and hold harmless Customer and its officers, directors, employees, and agents from and against any third-party claim, suit, action, or proceeding (“Claim”) alleging that the Services, when used in accordance with this Agreement, infringe or misappropriate such third party’s intellectual property rights in the United States or any other jurisdiction where Provider has authorized Customer's use of the Services, and Provider shall pay any damages finally awarded against Customer by a court of competent jurisdiction (or any settlement amounts agreed to in writing by Provider) resulting from such Claim, provided that Customer: (a) promptly notifies Provider in writing of the Claim; (b) gives Provider sole control of the defense and settlement of the Claim; and (c) provides reasonable cooperation to Provider at Provider’s expense.
  2. Indemnification by Customer. Customer shall indemnify, defend, and hold harmless Provider and its officers, directors, employees, agents, affiliates, and contractors from and against any Claim, including reasonable attorneys’ fees and costs, arising out of or relating to: (a) Customer Data or Provider’s use thereof in accordance with this Agreement; (b) Customer’s violation of applicable law; (c) Customer’s material breach of this Agreement, including but not limited to breaches of Section 11 (Confidentiality) or Section 12 (Intellectual Property); (d) Customer’s communications to third parties through the Services; (e) any dispute between Customer and Customer’s clients or end users; or (f) any allegation that Customer Data infringes or misappropriates any third-party intellectual property rights or violates any third-party’s rights of privacy or publicity, provided that Provider: (i) promptly notifies Customer in writing of the Claim; (ii) gives Customer sole control of the defense and settlement of the Claim (provided that Customer may not settle any Claim that imposes obligations on Provider or admits fault on Provider’s behalf without Provider’s prior written consent); and (iii) provides reasonable cooperation to Customer at Customer’s expense. Customer shall pay any damages finally awarded against Provider (or any settlement amounts agreed to by Customer) resulting from such Claim.
  3. Infringement Remedies and Exclusions. If a Claim under Section 14.1 is made or appears likely, Provider may, at its sole option and expense: (a) modify the Services so that they no longer infringe while providing substantially equivalent functionality; (b) obtain for Customer the right to continue using the Services; or (c) if neither (a) nor (b) is commercially reasonable, terminate the affected portion of the Services and refund to Customer any prepaid Fees allocable to the terminated portion for the period following termination on a pro-rata basis. The remedies in this Section 14.3, together with the indemnification obligations in Section 14.1, constitute Provider's sole and exclusive liability and Customer's sole and exclusive remedy for any actual or alleged infringement or misappropriation of third-party intellectual property rights by the Services. Provider shall have no indemnification obligation under Section 14.1 for Claims arising from: (i) Customer’s modification of the Services; (ii) Customer’s combination of the Services with third-party products, services, or content not provided or approved by Provider; (iii) Customer’s use of the Services in violation of this Agreement or applicable law; (iv) Customer Data or content provided by Customer; (v) use of a version of the Services other than the then-current version, if the infringement would have been avoided by use of the current version; or (vi) Customer’s continued use of the Services after Provider has notified Customer of the alleged infringement and provided Customer with a modified or alternative version.

Limitation of Liability

  1. EXCLUSION OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROVIDER BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER SHALL REMAIN LIABLE FOR DIRECT DAMAGES ARISING FROM CUSTOMER’S MATERIAL BREACH OF SECTION 11 (CONFIDENTIALITY) OR SECTION 12 (INTELLECTUAL PROPERTY). CUSTOMER SHALL REMAIN LIABLE FOR ALL DAMAGES (INCLUDING CONSEQUENTIAL DAMAGES) ARISING FROM CUSTOMER’S BREACH OF SECTION 14.2 (INDEMNIFICATION OBLIGATIONS) OR CUSTOMER’S MATERIAL BREACH OF SECTION 18.11 (EXPORT COMPLIANCE).
  2. CAP ON MONETARY LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO PROVIDER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  3. Exceptions. The limitations in Sections 15.1 and 15.2 do not apply to: (a) Provider’s indemnification obligations under Section 14.1; (b) Customer’s indemnification obligations under Section 14.2; (c) either party’s material breach of Section 11 (Confidentiality); (d) either party’s payment obligations under this Agreement; (e) either party’s material breach of Section 12 (Intellectual Property); (f) either party’s gross negligence or willful misconduct; or (g) liabilities that cannot be limited under applicable law.

Term and Termination

  1. Term. This Agreement commences on the date you first accept it and continues until terminated in accordance with this Section 16 (the “Term”).
  2. Termination for Convenience. Customer may terminate this Agreement at any time by canceling Customer’s subscription through the account settings or by providing written notice to Provider. Termination will be effective at the end of the then-current billing period, except that if Customer provides written notice of termination for Provider’s material breach, termination shall be effective immediately upon the expiration of Provider’s thirty (30) day cure period if the breach remains uncured. Except as required by applicable law, in the event of Provider’s material breach that remains uncured for thirty (30) days following written notice, Customer shall receive a pro-rata refund of any prepaid Fees for the unused portion of the subscription period. Otherwise, no refunds will be provided for any unused portion of the subscription period.
  3. Termination for Cause. Either party may terminate this Agreement immediately upon written notice if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days after receiving written notice thereof; provided, however, that Provider may terminate immediately without providing a cure period if Customer: (i) materially breaches Section 2 (Acceptable Use Policy), Section 3 (Intellectual Property Rights), or Section 11 (Confidentiality); (ii) engages in illegal activity that relates to Customer’s use of the Services; (iii) engages in activity that poses a material security risk to the Services, Provider, or third parties; (iv) refuses to fulfill or materially breaches its indemnification obligations under Section 14.2 after receiving notice and a reasonable opportunity to assume defense; (v) exceeds usage limits or quotas by more than 50% for two consecutive billing periods after receiving written notice; (vi) uses the Services in a manner that subjects Provider to actual regulatory investigation or material liability; or (vii) becomes insolvent, files for bankruptcy, or makes an assignment for the benefit of creditors. Provider may also terminate this Agreement immediately upon written notice if Customer fails to pay any Fees when due.
  4. Suspension. Provider may suspend Customer’s access to the Services immediately and without prior notice if: (a) Customer fails to pay any Fees when due, including after any applicable grace period; (b) Customer’s use of the Services poses a security risk to the Services, Provider’s systems, or any third party; (c) Customer’s use of the Services may subject Provider to liability, regulatory action, or legal claims; (d) Customer’s use of the Services violates applicable law or regulations; (e) Customer breaches Section 3.3 (Use Restrictions) or Section 12 (Intellectual Property); (f) Customer exceeds usage limits or quotas set forth in Customer’s subscription; (g) Provider reasonably believes suspension is necessary to comply with legal requirements, court orders, or requests from law enforcement or regulatory authorities; (h) Customer breaches Section 11 (Confidentiality); or (i) Provider detects unusual activity or patterns suggesting unauthorized access to Customer’s account. Provider shall use commercially reasonable efforts to provide notice of suspension where practicable, but failure to provide notice shall not affect Provider’s right to suspend or limit Provider’s liability for such suspension.
  5. Effect of Termination. Upon termination or expiration of this Agreement: (a) all rights granted to Customer under this Agreement will immediately cease; (b) Customer shall immediately discontinue use of the Services and delete or destroy all copies of Provider’s software, documentation, and materials; (c) Customer shall immediately pay all outstanding Fees and charges incurred through the effective date of termination; (d) each party shall return or destroy all Confidential Information of the other party; and (e) termination shall not affect any rights or obligations that accrued prior to termination.
  6. Data Export and Deletion. Upon termination, Customer will have thirty (30) days to export Customer Data from the Services using Provider’s standard export tools, except that if this Agreement is terminated by Provider pursuant to Section 16.3 or 16.4 due to Customer’s breach, Provider may immediately suspend Customer’s access and is not obligated to provide any data export period. Provider may charge reasonable fees for data export assistance beyond the standard export tools. Customer acknowledges that certain data formats or integrations may not be available for export and that Provider makes no warranties regarding the completeness or usability of exported data. After the thirty (30) day period (or immediately upon termination for Customer’s breach), Provider may delete all Customer Data in its possession, and Provider shall have no obligation to maintain or provide any Customer Data, except as required by applicable law or legal process. Provider shall not be liable to Customer or any third party for the deletion of Customer Data following the thirty (30) day period.
  7. Survival. Sections 1, 4.3, 6.3, 11, 12, 13.3, 13.4, 14, 15, 16.5, 16.6, 16.7, 17, and 18 shall survive any termination or expiration of this Agreement.

Dispute Resolution

  1. MANDATORY ARBITRATION. EXCEPT AS SET FORTH IN SECTION 17.5, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION IN WHATCOM COUNTY, WASHINGTON, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.
  2. ACTION WAIVER. YOU AGREE TO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PROVIDER AGREE, NO ARBITRATOR MAY CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.
  3. JURY TRIAL WAIVER. YOU UNDERSTAND THAT BY AGREEING TO THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO A JURY TRIAL.
  4. Limitation on Time to Bring Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  5. Small Claims Exception. Notwithstanding Section 17.1, either party may bring an individual action in small claims court if the claim meets the requirements for small claims court. You agree to the sole jurisdiction and venue of any small claims court located in Whatcom County, Washington.

General Provisions

  1. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule.
  2. Entire Agreement. This Agreement, together with the Privacy Policy and any subscription order or confirmation, constitutes the sole and entire agreement between Customer and Provider with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties.
  3. Amendment. Provider may modify this Agreement at any time by posting a revised version on the Services. The revised version will be effective upon posting unless otherwise stated. Customer’s continued use of the Services after the posting of a revised version constitutes Customer’s acceptance of such revised version. If Customer does not agree to the revised terms, Customer must stop using the Services and terminate this Agreement.
  4. Assignment. Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of Provider. Provider may assign this Agreement without consent to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any attempted assignment in violation of this Section is void.
  5. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall continue in full force and effect.
  6. Waiver. No waiver by either party of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
  7. Notices. All notices under this Agreement shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by confirmed email; or (c) three (3) days after being sent by registered or certified mail, return receipt requested, to the address on file in Customer’s account or to Provider at support@home.works.
  8. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
  9. Force Majeure. Neither party shall be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of governmental authorities, or failure of the internet, provided that the affected party gives prompt notice of such condition and uses reasonable efforts to resume performance.
  10. Promotional Terms. From time to time, Provider may offer promotional pricing, discounts, or special offers (“Promotional Terms”). Promotional Terms will be set forth in separate communications and are subject to additional terms and conditions. In the event of a conflict between this Agreement and any Promotional Terms, the Promotional Terms shall control only with respect to the specific promotion.
  11. Export Compliance. Customer shall comply with all applicable export and import control laws and regulations.

Contact Information

If you have questions about this Agreement, please contact us at:

Copilot Software, LLC

1370 Admiral Pl

Ferndale, WA 98248 USA

support@home.works


* * *

BY CLICKING “I AGREE” OR BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Black Friday Onboarding Promotion Terms

The Copilot Black Friday Onboarding Promotion (“Promotion”) is a limited-time offer available only to new subscribers who sign up for the Enterprise plan between November 28, 2025, and December 3, 2025, at 11:59 PM PST (“Promotion Period”).



By participating in the Promotion, you agree to the following terms in addition to the standard Copilot Terms of Service:

1. Eligibility

The Promotion is available only to new Homeworks Enterprise subscribers who register and make their initial payment during the Promotion Period.


Users must complete the Black Friday Onboarding Checklist (outlined below) in full by January 1, 2026, at 11:59 PM PST to qualify for the promotional refund and free month.

The Promotion is limited to one (1) redemption per company or business entity.

2. Promotion Benefits

Qualified participants will receive:

A refund of their first month’s worth of Enterprise subscription fee; and

One (1) additional month of Enterprise service added at no cost.

The combined value of this Promotion is over $500 USD, based on the standard Enterprise plan rate of $279 per month.

3. Onboarding Checklist Requirements

To qualify, all of the following twelve (12) onboarding steps must be fully and verifiably completed:

  1. Add Your Logo — The company’s business logo must be uploaded into the user’s Copilot CRM account
  2. Import Your Data — Customer, property, and item/service data must be imported into the account (data count > 0).
  3. Set Up Payments — A valid Stripe account must be connected to Copilot without restrictions.
  4. Sign Up for Copilot Academy — A Kajabi (Homeworks Academy) account must be created and identifiable by the Homeworks CRM team.
  5. Add Your First Customer — The account must contain at least one (1) customer.
  6. Create Your First Estimate — The account must contain at least one (1) estimate.
  7. Create Your First Visit — The account must contain at least one (1) visit.
  8. Collect Your First Payment — The account must contain at least one (1) payment transaction.
  9. Join the Homeworks Orientation Call — The user must have fully attended a Homeworks Onboarding Call (scheduled via Calendly).
  10. Send a Text Blast — A mass text message must be sent through the user’s Homeworks CRM account.
  11. Send an Email Blast — A mass email must be sent through the user’s Homeworks CRM account.
  12. Attend Mike Andes’ New Member Q&A — The user must have fully attended the Homeworks CRM New Member Business Q&A (scheduled via Calendly)..

4. Verification

Completion of checklist items as shown in the in-app messenger does not guarantee eligibility.


Homeworks support and onboarding teams will manually verify checklist completion according to the criteria listed above.


Only verified completions will be considered valid for Promotion qualification.

Homeworks reserves the right to request proof of activity or usage to confirm checklist completion.

5. Fulfillment

Once verified, the Homeworks team will process the applicable refund and apply the free month of service within 10 business days.


Refunds will be issued to the same payment method used for the initial subscription.

6. Additional Terms

Participants who fail to complete all twelve checklist items by the stated deadline will not be eligible for the refund or free month.


Homeworks reserves the right to modify, suspend, or terminate the Promotion at any time for any reason, without notice.


Fraudulent, incomplete, or misleading submissions will void eligibility.

The Promotion has no cash value and may not be combined with other discounts, trials, or promotions.

Teen Giveback Program

The Homeworks Teen Giveback Program is available to individuals under the age of 18 who can provide valid documentation proving their age and the legal registration of their business. Eligible participants will receive free access to the Homeworks Starter Monthly plan until their 18th birthday. Proof of age and business registration must be submitted through the form on www.home.works/teen at the time of application. Failure to provide valid documentation will result in ineligibility for the program, and no refunds or prorated subscription fees will be issued for services already provided.

Upon turning 18, participants will automatically transition to a standard paid subscription plan unless they choose to cancel their service. On the individual's 18th birthday, the subscription will renew at full cost, resulting in a charge on the card on file. The program is non-transferable and may only be used by the original applicant. Homeworks Software LLC reserves the right to modify or terminate the program with or without prior notice, and changes will take effect immediately. Homeworks Software LLC also reserves the right to suspend or terminate program access on an individual basis with notice, at any time, with or without cause, and changes will take effect immediately. Participants are responsible for ensuring that their use of Homeworks complies with applicable laws in their jurisdiction.


The Homeworks Giveback Program offers only the base subscription at no charge. Additional users added to the software with enabled logins will result in a $15 USD charge every month per active user login.


By joining the program, applicants agree to these Terms and Conditions.

Software

This SaaS Services Agreement (this “Agreement”) is a binding legal contract between

you (“Customer, ” “you,” or “your”) and Copilot Software, LLC, a Washington limited liability company doing business as Homeworks (“Provider,” “we,” “us,” or “our”). This Agreement, together with any Order Form or subscription agreement executed by the parties (each an “Order Form”), governs your access to and use of the Homeworks software platform (the “Services”). In the event of any conflict between this Agreement and an Order Form, the Order Form shall control with respect to the specific terms addressed therein, except that no Order Form may modify or reduce Provider’s limitation of liability (Section 15), indemnification rights (Section 14), intellectual property protections (Section 12), confidentiality obligations (Section 11), warranty disclaimers (Section 13.2), or data ownership and usage rights (Section 4) without Provider’s express written consent executed by an officer of Provider.


BY CREATING AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE AND AVAILABLE AT https://home.works/privacy-policy (the “Privacy Policy”). You acknowledge that you have had a reasonable opportunity to review the Privacy Policy before accepting this Agreement. Provider will provide at least thirty (30) days’ advance notice of any material changes to the Privacy Policy, and your continued use of the Services after such notice period constitutes acceptance of the modified Privacy Policy. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES.


If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement.

Definitions

  1. Authorized User” means Customer’s employees, consultants, contractors, and agents who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement, subject to any user limits set forth in your subscription plan or Order Form. Customer is responsible for all acts and omissions of Authorized Users in connection with their use of the Services, and any breach of this Agreement by an Authorized User shall be deemed a breach by Customer. Customer shall ensure that all Authorized Users comply with the terms of this Agreement and shall promptly terminate access for any Authorized User who violates this Agreement.
  2. Customer Data” means information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Services, including but not limited to customer contact information, scheduling data, invoices, photos, videos, and other media files.
  3. Documentation” means Provider’s user manuals, handbooks, guides, and help center content relating to the Services provided by Provider to Customer either electronically or in hard copy form.
  4. Provider IP” means the Services, the Documentation, and any and all intellectual property provided to Customer or any Authorized User in connection with the foregoing, including all software, algorithms, user interfaces, workflows, templates, reports, analytics tools, APIs, know-how, and Resultant Data. For the avoidance of doubt, Provider IP does not include Customer Data but does include all derivative works, modifications, and enhancements to the Services, whether created by Provider or suggested by Customer.
  5. Resultant Data” means data and information derived from Provider’s processing of Customer Data that is anonymized and aggregated with data from other customers such that it does not identify Customer, any Authorized User, or any individual through reasonably available means. Resultant Data may be used by Provider for analytics, benchmarking, product improvement, machine learning, and other lawful business purposes. Data is considered anonymized when it cannot be used to identify an individual or entity without the use of additional information that is kept separately and subject to technical and organizational measures to prevent re-identification. Provider represents and warrants that it will maintain such technical and organizational measures in accordance with industry standards and will not attempt to re-identify any anonymized data.

Eligibility and Account Registration

  1. General Eligibility. To create an account and use the Services, you must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract under applicable law. If you are entering into this Agreement on behalf of a legal entity, you must have the authority to bind that entity. By creating an account, you represent and warrant that you meet these requirements. Provider reserves the right to request proof of age or legal authority at any time.
  2. Teen Giveback Program. Notwithstanding Section 2.1, individuals who are at least thirteen (13) years of age but under eighteen (18) years of age (“Minor”) may access and use the Services solely through the Teen Giveback Program only if their parent or legal guardian (“Guardian”) provides verifiable written consent and agrees to be bound by this Agreement on the Minor’s behalf. The Guardian acknowledges that under Washington law, minors generally lack capacity to enter binding contracts, and therefore the Guardian is entering into this Agreement and assuming all obligations hereunder. The Teen Giveback Program is subject to the following conditions:
  3. The Minor must provide valid documentation verifying their age (such as a birth certificate, passport, or government-issued identification) and proof of legal business registration (if operating as a business entity).
  4. The Guardian must provide verifiable written consent to the Minor’s participation by signing Provider’s parental consent form, which shall include: (i) acknowledgment that the Guardian has reviewed and agrees to be bound by this Agreement; (ii) acknowledgment that the Guardian, not the Minor, is the contracting party and is solely liable for all obligations under this Agreement, including all payment obligations, subscription fees, and any damages arising from breach; (iii) certification that they are the Minor’s parent or legal guardian with authority to bind the Minor; and (iv) completion of Provider’s identity verification process, which may include submission of government-issued identification. The Guardian agrees that their electronic signature on the consent form constitutes a legally binding signature under the Washington Uniform Electronic Transactions Act (RCW 19.360) and the federal ESIGN Act (15 U.S.C. 7001 et seq.).
  5. The minor’s use of the Services is limited to the Teen Giveback Program tier and is subject to all terms of this Agreement.
  6. Upon the minor’s eighteenth (18th) birthday, the account will automatically transition to a standard paid subscription at full cost. Provider will provide written notice at least thirty (30) days prior to the minor’s eighteenth birthday regarding this transition and the applicable fees. The subscription will be charged to the payment method on file, unless the Customer cancels prior to that date. At the time of transition, the now-adult individual (formerly the Minor) shall become the contracting party and shall be solely responsible for all obligations under this Agreement going forward, and the Guardian shall be released from all future obligations (but not past obligations incurred during the Minor’s participation).
  7. Account Information. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and any other credentials used to access your account, and you agree not to disclose your password to any third party. You are responsible for all activity on your account.
  8. Account Suspension. Provider reserves the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, not current, or incomplete.

License Grant and Restrictions

  1. License Grant. Subject to the terms and conditions of this Agreement, Customer’s compliance with all applicable laws, and payment of all applicable Fees, Provider hereby grants Customer a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during the Term, solely for use by Authorized Users in accordance with this Agreement. Such use is limited to Customer’s internal business purposes. This is a subscription license, not a sale. You do not acquire any ownership interest in the Services or Provider IP.
  2. Documentation License. Provider hereby grants to Customer a non-exclusive, non-sublicensable, non-transferable license to use the Documentation during the Term solely for Customer’s internal business purposes in connection with its use of the Services.
  3. Use Restrictions. Customer shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, and shall not permit any Authorized Users or third parties to:
  4. copy, modify, or create derivative works of the Services or Documentation, in whole or in part;
  5. rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Documentation to any third party;
  6. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part;
  7. remove any proprietary notices from the Services or Documentation;
  8. use the Services for competitive analysis, benchmarking, or to develop a competing product or service;
  9. use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services;
  10. use any robot, spider, or other automatic device or manual process to monitor or copy any content from the Services;
  11. introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material;
  12. use the Services to send unsolicited communications (spam) or otherwise violate applicable laws regarding electronic communications, including the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act; or
  13. use the Services in violation of any applicable law or regulation.

Customer Data and Ownership

  1. Customer Data Ownership. As between Provider and Customer, Customer owns all right, title, and interest, including all intellectual property rights, in and to the Customer Data. Provider acquires no ownership rights in Customer Data.
  2. License to Customer Data. Customer hereby grants to Provider a non-exclusive, royalty-free, worldwide license to reproduce, store, transmit, display, perform, and use the Customer Data solely to the extent necessary for Provider to provide the Services to Customer, to comply with its obligations under this Agreement, and to enforce Provider’s rights under this Agreement.
  3. Besultant Data. Provider owns all right, title, and interest in and to the Resultant Data. Customer acknowledges and agrees that Provider may use Resultant Data for analytics, benchmarking, product improvement, machine learning model training, and other lawful business purposes, provided that such use does not identify Customer, any Authorized User, or any individual. Provider may share Resultant Data with third parties for these purposes, provided such sharing complies with the anonymization requirements set forth in the definition of Resultant Data. Customer may not object to or restrict Provider’s use of Resultant Data as set forth in this Section.
  4. Customer Responsibility for Data. Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data. Customer represents and warrants that: (a) it has obtained and will maintain all necessary rights, consents, and authorizations to collect, upload, and process the Customer Data through the Services, including any personal information of third parties, and will provide Provider with evidence of such rights, consents, and authorizations upon request; (b) the Customer Data and Customer’s use thereof does not and will not violate any applicable law, regulation, or third-party right, including but not limited to data protection laws, privacy laws, and intellectual property rights; (c) the Customer Data does not contain any viruses, malware, or other harmful code; and (d) Customer will promptly notify Provider of any claims or allegations that the Customer Data violates any third-party rights or applicable laws.
  5. Data Storage Limits. The Services may impose storage limits on Customer Data, including limits on the size of media files. Provider reserves the right to modify these limits upon thirty (30) days’ notice and to delete or refuse to store Customer Data that exceeds applicable limits after providing at least ten (10) days’ notice to Customer, except in cases of emergency or where the excess data poses a security risk, in which case Provider may take immediate action.

Payment Terms

  1. Fees. Customer shall pay Provider the fees applicable to Customer’s selected subscription plan (“Fees”) as set forth on the pricing page at the time of subscription or as otherwise agreed in writing. All Fees are non-refundable except as expressly set forth in this Agreement or required by applicable law.
  2. Billing and Automatic Renewal. Fees are billed in advance on a monthly or annual basis, depending on Customer’s selected billing cycle. Your subscription will automatically renew for successive periods of the same length as the initial subscription period unless you cancel your subscription before the renewal date. You authorize Provider to charge your payment method on file for all renewal Fees.
  3. Price Changes. Provider may change the Fees for the Services by providing you with at least sixty (60) days advance notice via email to the address associated with your account. Price changes will take effect at the start of the next subscription period following the notice. If you do not agree to the price change, you may terminate this Agreement by providing written notice before the effective date of the price change, and you will not be charged the new price. Your continued use of the Services after a price change becomes effective constitutes your agreement to pay the changed amount.
  4. Taxes. All Fees are exclusive of taxes. Customer is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges imposed by any governmental authority on any amounts payable by Customer hereunder, other than any taxes imposed on Provider’s income.
  5. Non-Payment. If Customer fails to pay any Fees when due, Provider may, without limiting its other rights and remedies: (a) charge interest on the past due amount at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less; (b) suspend Customer’s access to the Services until all past due amounts are paid in full; and (c) terminate this Agreement.
  6. Disputed Charges. If Customer disputes a subscription charge made to Customer’s account, Customer must withdraw the dispute within twenty-one (21) calendar days of initiating it. Failure to withdraw the dispute within this timeframe will result in the suspension of Customer’s account until the matter is resolved. Provider reserves the right to permanently revoke access to Customer’s account if the dispute is not withdrawn and resolved in a timely manner. If a chargeback is accepted by Customer’s bank or credit card issuer but is later determined to be fraudulent or submitted in bad faith, Customer will be required to repay the full amount of the chargeback to reinstate access to Customer’s account.

Third-Party Payment Processing

  1. Payment Processors. The Services integrate with third-party payment processing services, including Stripe and PayPal (each, a “Payment Processor”), to enable Customer to process payments from Customer’s clients. Customer’s use of Payment Processor services is governed by the applicable Payment Processor’s terms of service, including the Stripe Connected Account Agreement and Stripe Terms of Service, and the PayPal User Agreement. By using the Services, you agree to be bound by the applicable Payment Processor agreements as they may be modified from time to time.
  2. Customer’s Payment Processor Accounts. Customer must create and maintain its own account(s) with the applicable Payment Processor(s). Provider does not hold, transmit, or otherwise control Customer’s funds. All funds flow directly between Customer’s clients and Customer through the Payment Processor.
  3. PROVIDER DISCLAIMER. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT PROVIDER SHALL NOT BE LIABLE FOR ANY PAYMENTS, MONETARY TRANSACTIONS, FUND HOLDS, FUND FREEZES, CHARGEBACKS, REFUNDS, OR OTHER FINANCIAL MATTERS THAT OCCUR THROUGH CUSTOMER’S USE OF THE SERVICES. ALL PAYMENTS AND MONETARY TRANSACTIONS ARE HANDLED BY THE APPLICABLE PAYMENT PROCESSOR. PROVIDER SHALL NOT BE LIABLE FOR ANY ISSUES REGARDING FINANCIAL AND MONETARY TRANSACTIONS BETWEEN CUSTOMER AND ANY THIRD PARTY, INCLUDING THE PAYMENT PROCESSOR. CUSTOMER AGREES THAT PROVIDER IS A TECHNICAL CONNECTOR AND NOT A FINANCIAL SERVICES PROVIDER, AND CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH PAYMENT PROCESSING.
  4. Transaction Responsibility. Customer is responsible for all transactions (one-time, recurring, and refunds) processed through the Services and the Payment Processor. Provider is not liable for loss or damage from errant or invalid transactions, including transactions that were not processed due to network communication errors or any other reason. If Customer processes a transaction, it is Customer’s responsibility to verify that the transaction was successfully processed.
  5. API Changes. Customer understands that Provider uses Payment Processor APIs to provide certain features of the Services, and that these APIs are subject to change at any time. Such changes may adversely affect the Services. Customer agrees not to hold Provider liable for any adverse effects that result from actions (whether intentional or unintentional) on the part of any Payment Processor.
  6. Prohibited Transactions. Customer must not process stolen credit cards, unauthorized credit cards, or any fraudulent transactions through the Payment Processor or the Services.
  7. Processing Fees. In addition to any transaction fees charged directly by the Payment Processor, Provider may charge a processing fee as described on the pricing page or otherwise disclosed to Customer. This fee will be automatically deducted from each payment.

Communications Consent

  1. Marketing Communications Opt-In. By creating an account and using the Services, you expressly consent to receive marketing and promotional communications from Provider via email, telephone (including calls and text messages to any telephone number you provide, including mobile numbers), and other channels. You may opt out of marketing communications at any time by following the unsubscribe instructions in any email, replying STOP to any text message, or by contacting us at support@home.works. Opting out of marketing communications does not affect transactional or service-related communications.
  2. Transactional Communications. You agree to receive transactional and service-related communications from Provider, including account notifications, billing reminders, security alerts, and updates about the Services. These communications are necessary for the provision of the Services and are not subject to the marketing opt-out described above.

Customer’s Communications to End Users

  1. Mass Communications Features. The Services may include features that allow Customer to send communications (including emails and text messages) to Customer’s clients and contacts. Customer is solely responsible for ensuring that all such communications comply with all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and any state laws governing electronic communications.
  2. Customer’s Consent Obligations. Customer represents and warrants that Customer has obtained all necessary consents from recipients before using the Services to send communications. Provider provides the technical tools; Customer must provide the legal authority to contact the recipients.
  3. Indemnification for Communications. Customer agrees to indemnify and hold harmless Provider from any claims, damages, or liabilities arising from Customer’s communications to third parties through the Services, including any claims alleging violations of the TCPA, CAN-SPAM Act, or other applicable laws.

Children’s Privacy and COPPA Compliance

  1. COPPA Warranty. Customer represents and warrants that Customer will not knowingly upload, submit, or otherwise transmit to the Services any personal information (as defined under the Children’s Online Privacy Protection Act, 15 U.S.C. 6501 et seq., and its implementing regulations) of any child under the age of thirteen (13) without first obtaining verifiable parental consent in accordance with COPPA.
  2. Notification and Cooperation. If Customer becomes aware that Customer Data contains personal information of a child under thirteen (13) that was collected without proper parental consent, Customer shall promptly notify Provider and cooperate with Provider to delete such information.

Security

  1. Provider Security. Provider will implement and maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data from unauthorized access, destruction, use, modification, or disclosure.
  2. Customer Responsibility. Customer is responsible for maintaining the security of Customer’s account credentials and for all access to and use of the Services through Customer’s account, whether or not authorized by Customer. Customer shall promptly notify Provider of any unauthorized access or use of Customer’s account.
  3. No Guarantee. While Provider implements reasonable security measures, no method of transmission over the internet or method of electronic storage is completely secure. 

Confidentiality

  1. Confidential Information. Confidential Information” means any non-public information disclosed by either party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer Data is Confidential Information of Customer. The Services and Provider IP are Confidential Information of Provider.
  2. Protection. Each party agrees to use the same degree of care it uses to protect its own confidential information of similar nature, but in no event less than reasonable care to protect the other party’s Confidential Information and to not disclose such Confidential Information to any third party except as permitted under this Agreement or with the other party’s prior written consent.
  3. Exceptions. Confidential Information does not include information that: (a) is or becomes publicly available without breach of this Agreement; (b) was known to the receiving party prior to disclosure; (c) is rightfully obtained by the receiving party from a third party who had the legal right to disclose it and without restriction on disclosure; or (d) is independently developed by the receiving party without use of the disclosing party’s Confidential Information.

Intellectual Property

  1. Provider IP. Customer acknowledges that, as between Customer and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP, including all modifications, enhancements, derivative works, and improvements thereto, whether or not incorporating Customer Data or Feedback. Nothing in this Agreement transfers any ownership rights in Provider IP to Customer.
  2. Feedback. If Customer provides any suggestions, ideas, enhancement requests, feedback, recommendations, or other information relating to the Services (“Feedback”), Customer hereby assigns to Provider all right, title, and interest in and to the Feedback, and Provider may use and incorporate such Feedback into the Services without restriction or obligation to Customer.

Warranties and Disclaimers

  1. Mutual Warranties. Each party represents and warrants that: (a) it has the legal power and authority to enter into this Agreement; (b) this Agreement constitutes a valid and binding obligation; and (c) the execution and performance of this Agreement does not and will not conflict with any other agreement to which such party is bound.
  2. Provider Warranty. Provider Warranty. Provider warrants that during the Term, the Services will perform materially in accordance with the Documentation when used in accordance with this Agreement and applicable law. This warranty does not apply to any: (a) features designated as beta, pilot, evaluation, or pre-release; (b) issues caused by Customer’s misuse of the Services, unauthorized modifications, or failure to comply with this Agreement; (c) issues caused by factors outside Provider’s reasonable control, including third-party services, Customer’s internet connectivity, or Customer’s hardware or software; (d) issues caused by Customer Data or content; or (e) Services provided on a free or trial basis. PROVIDER’S SOLE OBLIGATION AND CUSTOMER’S EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY SHALL BE FOR PROVIDER TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE NON-CONFORMITY OR, IF PROVIDER CANNOT CORRECT THE NON-CONFORMITY WITHIN THIRTY (30) DAYS, CUSTOMER MAY TERMINATE THIS AGREEMENT AND RECEIVE A PRO-RATA REFUND OF PREPAID FEES FOR THE UNUSED PORTION OF THE SUBSCRIPTION PERIOD.
  3. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 13, THE SERVICES AND DOCUMENTATION ARE PROVIDED “AS IS” AND PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED.
  4. NO GUARANTEE OF BUSINESS SUCCESS. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE TOOLS TO ASSIST IN MANAGING CUSTOMER’S BUSINESS, AND PROVIDER MAKES NO WARRANTY OR GUARANTEE THAT USE OF THE SERVICES WILL RESULT IN INCREASED REVENUE, PROFITABILITY, CUSTOMER ACQUISITION, OR ANY OTHER MEASURE OF BUSINESS SUCCESS. ANY BUSINESS OUTCOMES DEPEND ON NUMEROUS FACTORS OUTSIDE PROVIDER’S CONTROL.

Indemnification

  1. Indemnification by Provider. Provider shall indemnify, defend, and hold harmless Customer and its officers, directors, employees, and agents from and against any third-party claim, suit, action, or proceeding (“Claim”) alleging that the Services, when used in accordance with this Agreement, infringe or misappropriate such third party’s intellectual property rights in the United States or any other jurisdiction where Provider has authorized Customer's use of the Services, and Provider shall pay any damages finally awarded against Customer by a court of competent jurisdiction (or any settlement amounts agreed to in writing by Provider) resulting from such Claim, provided that Customer: (a) promptly notifies Provider in writing of the Claim; (b) gives Provider sole control of the defense and settlement of the Claim; and (c) provides reasonable cooperation to Provider at Provider’s expense.
  2. Indemnification by Customer. Customer shall indemnify, defend, and hold harmless Provider and its officers, directors, employees, agents, affiliates, and contractors from and against any Claim, including reasonable attorneys’ fees and costs, arising out of or relating to: (a) Customer Data or Provider’s use thereof in accordance with this Agreement; (b) Customer’s violation of applicable law; (c) Customer’s material breach of this Agreement, including but not limited to breaches of Section 11 (Confidentiality) or Section 12 (Intellectual Property); (d) Customer’s communications to third parties through the Services; (e) any dispute between Customer and Customer’s clients or end users; or (f) any allegation that Customer Data infringes or misappropriates any third-party intellectual property rights or violates any third-party’s rights of privacy or publicity, provided that Provider: (i) promptly notifies Customer in writing of the Claim; (ii) gives Customer sole control of the defense and settlement of the Claim (provided that Customer may not settle any Claim that imposes obligations on Provider or admits fault on Provider’s behalf without Provider’s prior written consent); and (iii) provides reasonable cooperation to Customer at Customer’s expense. Customer shall pay any damages finally awarded against Provider (or any settlement amounts agreed to by Customer) resulting from such Claim.
  3. Infringement Remedies and Exclusions. If a Claim under Section 14.1 is made or appears likely, Provider may, at its sole option and expense: (a) modify the Services so that they no longer infringe while providing substantially equivalent functionality; (b) obtain for Customer the right to continue using the Services; or (c) if neither (a) nor (b) is commercially reasonable, terminate the affected portion of the Services and refund to Customer any prepaid Fees allocable to the terminated portion for the period following termination on a pro-rata basis. The remedies in this Section 14.3, together with the indemnification obligations in Section 14.1, constitute Provider's sole and exclusive liability and Customer's sole and exclusive remedy for any actual or alleged infringement or misappropriation of third-party intellectual property rights by the Services. Provider shall have no indemnification obligation under Section 14.1 for Claims arising from: (i) Customer’s modification of the Services; (ii) Customer’s combination of the Services with third-party products, services, or content not provided or approved by Provider; (iii) Customer’s use of the Services in violation of this Agreement or applicable law; (iv) Customer Data or content provided by Customer; (v) use of a version of the Services other than the then-current version, if the infringement would have been avoided by use of the current version; or (vi) Customer’s continued use of the Services after Provider has notified Customer of the alleged infringement and provided Customer with a modified or alternative version.

Limitation of Liability

  1. EXCLUSION OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROVIDER BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER SHALL REMAIN LIABLE FOR DIRECT DAMAGES ARISING FROM CUSTOMER’S MATERIAL BREACH OF SECTION 11 (CONFIDENTIALITY) OR SECTION 12 (INTELLECTUAL PROPERTY). CUSTOMER SHALL REMAIN LIABLE FOR ALL DAMAGES (INCLUDING CONSEQUENTIAL DAMAGES) ARISING FROM CUSTOMER’S BREACH OF SECTION 14.2 (INDEMNIFICATION OBLIGATIONS) OR CUSTOMER’S MATERIAL BREACH OF SECTION 18.11 (EXPORT COMPLIANCE).
  2. CAP ON MONETARY LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO PROVIDER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  3. Exceptions. The limitations in Sections 15.1 and 15.2 do not apply to: (a) Provider’s indemnification obligations under Section 14.1; (b) Customer’s indemnification obligations under Section 14.2; (c) either party’s material breach of Section 11 (Confidentiality); (d) either party’s payment obligations under this Agreement; (e) either party’s material breach of Section 12 (Intellectual Property); (f) either party’s gross negligence or willful misconduct; or (g) liabilities that cannot be limited under applicable law.

Term and Termination

  1. Term. This Agreement commences on the date you first accept it and continues until terminated in accordance with this Section 16 (the “Term”).
  2. Termination for Convenience. Customer may terminate this Agreement at any time by canceling Customer’s subscription through the account settings or by providing written notice to Provider. Termination will be effective at the end of the then-current billing period, except that if Customer provides written notice of termination for Provider’s material breach, termination shall be effective immediately upon the expiration of Provider’s thirty (30) day cure period if the breach remains uncured. Except as required by applicable law, in the event of Provider’s material breach that remains uncured for thirty (30) days following written notice, Customer shall receive a pro-rata refund of any prepaid Fees for the unused portion of the subscription period. Otherwise, no refunds will be provided for any unused portion of the subscription period.
  3. Termination for Cause. Either party may terminate this Agreement immediately upon written notice if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days after receiving written notice thereof; provided, however, that Provider may terminate immediately without providing a cure period if Customer: (i) materially breaches Section 2 (Acceptable Use Policy), Section 3 (Intellectual Property Rights), or Section 11 (Confidentiality); (ii) engages in illegal activity that relates to Customer’s use of the Services; (iii) engages in activity that poses a material security risk to the Services, Provider, or third parties; (iv) refuses to fulfill or materially breaches its indemnification obligations under Section 14.2 after receiving notice and a reasonable opportunity to assume defense; (v) exceeds usage limits or quotas by more than 50% for two consecutive billing periods after receiving written notice; (vi) uses the Services in a manner that subjects Provider to actual regulatory investigation or material liability; or (vii) becomes insolvent, files for bankruptcy, or makes an assignment for the benefit of creditors. Provider may also terminate this Agreement immediately upon written notice if Customer fails to pay any Fees when due.
  4. Suspension. Provider may suspend Customer’s access to the Services immediately and without prior notice if: (a) Customer fails to pay any Fees when due, including after any applicable grace period; (b) Customer’s use of the Services poses a security risk to the Services, Provider’s systems, or any third party; (c) Customer’s use of the Services may subject Provider to liability, regulatory action, or legal claims; (d) Customer’s use of the Services violates applicable law or regulations; (e) Customer breaches Section 3.3 (Use Restrictions) or Section 12 (Intellectual Property); (f) Customer exceeds usage limits or quotas set forth in Customer’s subscription; (g) Provider reasonably believes suspension is necessary to comply with legal requirements, court orders, or requests from law enforcement or regulatory authorities; (h) Customer breaches Section 11 (Confidentiality); or (i) Provider detects unusual activity or patterns suggesting unauthorized access to Customer’s account. Provider shall use commercially reasonable efforts to provide notice of suspension where practicable, but failure to provide notice shall not affect Provider’s right to suspend or limit Provider’s liability for such suspension.
  5. Effect of Termination. Upon termination or expiration of this Agreement: (a) all rights granted to Customer under this Agreement will immediately cease; (b) Customer shall immediately discontinue use of the Services and delete or destroy all copies of Provider’s software, documentation, and materials; (c) Customer shall immediately pay all outstanding Fees and charges incurred through the effective date of termination; (d) each party shall return or destroy all Confidential Information of the other party; and (e) termination shall not affect any rights or obligations that accrued prior to termination.
  6. Data Export and Deletion. Upon termination, Customer will have thirty (30) days to export Customer Data from the Services using Provider’s standard export tools, except that if this Agreement is terminated by Provider pursuant to Section 16.3 or 16.4 due to Customer’s breach, Provider may immediately suspend Customer’s access and is not obligated to provide any data export period. Provider may charge reasonable fees for data export assistance beyond the standard export tools. Customer acknowledges that certain data formats or integrations may not be available for export and that Provider makes no warranties regarding the completeness or usability of exported data. After the thirty (30) day period (or immediately upon termination for Customer’s breach), Provider may delete all Customer Data in its possession, and Provider shall have no obligation to maintain or provide any Customer Data, except as required by applicable law or legal process. Provider shall not be liable to Customer or any third party for the deletion of Customer Data following the thirty (30) day period.
  7. Survival. Sections 1, 4.3, 6.3, 11, 12, 13.3, 13.4, 14, 15, 16.5, 16.6, 16.7, 17, and 18 shall survive any termination or expiration of this Agreement.

Dispute Resolution

  1. MANDATORY ARBITRATION. EXCEPT AS SET FORTH IN SECTION 17.5, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION IN WHATCOM COUNTY, WASHINGTON, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.
  2. ACTION WAIVER. YOU AGREE TO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PROVIDER AGREE, NO ARBITRATOR MAY CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.
  3. JURY TRIAL WAIVER. YOU UNDERSTAND THAT BY AGREEING TO THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO A JURY TRIAL.
  4. Limitation on Time to Bring Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  5. Small Claims Exception. Notwithstanding Section 17.1, either party may bring an individual action in small claims court if the claim meets the requirements for small claims court. You agree to the sole jurisdiction and venue of any small claims court located in Whatcom County, Washington.

General Provisions

  1. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule.
  2. Entire Agreement. This Agreement, together with the Privacy Policy and any subscription order or confirmation, constitutes the sole and entire agreement between Customer and Provider with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties.
  3. Amendment. Provider may modify this Agreement at any time by posting a revised version on the Services. The revised version will be effective upon posting unless otherwise stated. Customer’s continued use of the Services after the posting of a revised version constitutes Customer’s acceptance of such revised version. If Customer does not agree to the revised terms, Customer must stop using the Services and terminate this Agreement.
  4. Assignment. Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of Provider. Provider may assign this Agreement without consent to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any attempted assignment in violation of this Section is void.
  5. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall continue in full force and effect.
  6. Waiver. No waiver by either party of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
  7. Notices. All notices under this Agreement shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by confirmed email; or (c) three (3) days after being sent by registered or certified mail, return receipt requested, to the address on file in Customer’s account or to Provider at support@home.works.
  8. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
  9. Force Majeure. Neither party shall be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of governmental authorities, or failure of the internet, provided that the affected party gives prompt notice of such condition and uses reasonable efforts to resume performance.
  10. Promotional Terms. From time to time, Provider may offer promotional pricing, discounts, or special offers (“Promotional Terms”). Promotional Terms will be set forth in separate communications and are subject to additional terms and conditions. In the event of a conflict between this Agreement and any Promotional Terms, the Promotional Terms shall control only with respect to the specific promotion.
  11. Export Compliance. Customer shall comply with all applicable export and import control laws and regulations.

Contact Information

If you have questions about this Agreement, please contact us at:

Copilot Software, LLC

1370 Admiral Pl

Ferndale, WA 98248 USA

support@home.works


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BY CLICKING “I AGREE” OR BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Website

Acceptance of the Terms of Use

  1. These Website Terms of Use (“Terms”) constitute a legally binding agreement entered into by and between you and Copilot Software, LLC, a Washington limited liability company doing business as Homeworks (“Company,” “we,” or “us”). These Terms govern your access to and use of www.home.works and any successor domains (the “Website”), including any content, functionality, and services offered on or through the Website, but excluding access to or use of the Homeworks software platform, which is governed by the separate SaaS Services Agreement.
  2. By clicking “I Accept,” accessing, or using the Website, you acknowledge that you have read, understood, and accept and agree to be bound by these Terms and our Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.

Eligibility

  1. This Website is offered and available to users who are thirteen (13) years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet this eligibility requirement. If you are under eighteen (18) years of age, you represent and warrant that you have obtained the verifiable consent of a parent or legal guardian to access the Website and be bound by these Terms in accordance with applicable law, and that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. The Company reserves the right to request proof of such parental consent at any time and to terminate access if such proof is not provided within a reasonable time period. If you do not meet these requirements, you must not access or use the Website.
  2. If you wish to create an account and use the Homeworks software platform (including participation in the Teen Giveback Program for users ages 13 to 17), your use will be governed by the SaaS Services Agreement, which requires separate acceptance.

Changes to the Terms of Use

  1. We may revise and update these Terms from time to time in our sole discretion. We will provide notice of material changes by posting the updated Terms on the Website with a new “Last Modified” date and, where required by law, by providing additional notice such as email notification to registered users. Non-material changes are effective immediately when we post them. Material changes are effective thirty (30) days after posting, and apply to all access to and use of the Website thereafter. For registered users, we will provide email notification of material changes to the emailaddress associated with your account. Your continued use of the Website after the effective date of any changes constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must stop using the Website.

Intellectual Property Rights

  1. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  2. The Company name, the terms “Copilot CRM,” “Homeworks,” the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

Limited License to Use Website

  1. These Terms permit you to use the Website for your personal, non-commercial use only. This license is limited, revocable, non-exclusive, and non-transferable. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
  2. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  3. You may store files that are automatically cached by your web browser for display enhancement purposes.
  4. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  5. If we provide social media features with certain content, you may take such actions as are enabled by such features.
  6. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You agree to provide written certification of such destruction or return upon our reasonable request. No right, title, or interest in or to the Website or any content on the Website is transferred to you.

Prohibited Uses

  1. You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
  2. In any way that violates any applicable federal, state, local, or international law or regulation.
  3. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
  4. To transmit any advertising or promotional material without our prior written consent, including any spam or similar solicitation.
  5. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm the Company or users of the Website.
  7. Additionally, you agree not to:
  8. Use any robot, spider, scraper, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  9. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  10. Use any device, software, or routine that interferes with the proper working of the Website.
  11. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  13. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  14. Otherwise attempt to interfere with the proper working of the Website or reverse engineer, decompile, or disassemble any portion of the Website.

User Contributions and Content Standards

  1. You agree that any User Contributions you provide will not:
  2. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  3. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  4. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any other person;
  5. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations;
  6. Be likely to deceive any person or promote any illegal activity, or advocate, promote, or assist any unlawful act; Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  7. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; or contain advertising, promotional materials, or any form of commercial solicitation.
  8. The Website may contain interactive features that allow users to post, submit, publish, display, or transmit content or materials (“User Contributions”).
  9. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary, except for personal information, which will be handled in accordance with our Privacy Policy and will not be subject to the license grant in Section 7.10 except as necessary to provide the services you request.
  10. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable (except as provided in Section 7.10.1), royalty-free, fully paid-up, worldwide, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose related to the operation and promotion of the Website and our business.
  11. Notwithstanding the perpetual and irrevocable nature of the license granted above, you may request deletion of your User Contributions by contacting us at support@home.works and we will use commercially reasonable efforts to remove such User Contributions from public display within thirty (30) days, except to the extent we are required to retain them by law or they have been incorporated into derivative works or shared with third parties prior to your deletion request.
  12. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license above, and that all of your User Contributions comply with these Terms. You are responsible for any User Contributions you submit or contribute. We are not responsible or liable to any third party for the content or accuracy of any User Contributions.
  13. We have the right, but not the obligation, to: (a) monitor, review, screen, post, remove, modify, store and/or delete any User Contributions at any time and for any reason, including if we believe User Contributions violate these Terms or applicable law; provided, however, that we will provide notice to you of any removal or modification when practicable; (b) disclose any User Contributions and the circumstances surrounding their transmission to any third party in order to operate the Website, to protect ourselves and our affiliates, or to comply with legal obligations or governmental requests; and (c) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe it violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

Privacy Policy

  1. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Disclaimer of Warranties

  1. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE.
  2. 10.2. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR RECONSTRUCTION OF ANY LOST DATA
  3. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
  4. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
  5. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
  6. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

  1. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITYTO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
  2. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE AMOUNT YOU PAID, IF ANY, TO ACCESS THE WEBSITE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
  3. The limitation of liability set out above does not apply to liability resulting from our gross negligence, willful misconduct, fraud, or any other liability that cannot be limited under applicable law.
  4. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

  1. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Website in violation of these Terms or applicable law; (c) your User Contributions; (d) any use of the Website’s content, services, and products other than as expressly authorized in these Terms; or (e) your use of any information obtained from the Website, except to the extent such claims arise from the Company's gross negligence, willful misconduct, or breach of these Terms.
  2. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with the Company’s defense of such claims.

Arbitration

  1. Any dispute, controversy, or claim arising out of or relating to these Terms or the Website, including any disputes regarding the applicability, interpretation, or enforceability of this arbitration clause, shall be resolved through binding arbitration, except that either party may bring an action in court for injunctive or other equitable relief regarding intellectual property rights or to enforce this arbitration provision. The arbitration shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association then in effect. The place of arbitration shall be Seattle, Washington, or at another location mutually agreed upon by the parties. The decision of the arbitrator shall be final and binding upon the parties, subject to any right of appeal under the Federal Arbitration Act. Each party shall bear its own costs and expenses of arbitration; provided, however, that if you are a consumer and prevail on any claim for which you are legally entitled to attorney's fees, the arbitrator may award reasonable attorney's fees and costs as determined by applicable law. The parties shall share equally the arbitrator’s fees and expenses, unless the arbitrator awards otherwise or applicable law requires different allocation. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

    YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Waiver and Severability

  1. No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
  2. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Copilot Software, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. No modification, amendment, or waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Copilot Software, LLC. If you create an account and use the Homeworks software platform, the SaaS Services Agreement will govern that relationship and, to the extent of any conflict between these Terms and the SaaS Services Agreement, the SaaS Services Agreement shall control with respect to your use of the platform; provided, however, that these Terms shall continue to govern your use of the Website outside of the platform functionality. Our privacy policy is available on our website and is incorporated herein by reference. We reserve the right to update the Privacy Policy from time to time, and any such updates will be effective upon posting to the Website.

Your Comments and Concerns

  1. This Website is operated by Copilot Software, LLC, a Washington limited liability company. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@home.works. For legal notices, including notices of breach, termination, or disputes, written notice must be sent to the mailing address specified below, Attention: Legal Department, and shall be deemed received five (5) business days after mailing via certified mail, return receipt requested.
  2. Our principal place of business and mailing address for legal notices is:
    Copilot Software, LLC
    1370 Admiral Pl
    Ferndale, WA 98248 USA
    support@home.works

Black Friday Onboarding Promotion Terms

The Copilot Black Friday Onboarding Promotion (“Promotion”) is a limited-time offer available only to new subscribers who sign up for the Enterprise plan between November 28, 2025, and December 3, 2025, at 11:59 PM PST (“Promotion Period”).



By participating in the Promotion, you agree to the following terms in addition to the standard Copilot Terms of Service:

1. Eligibility

The Promotion is available only to new Homeworks Enterprise subscribers who register and make their initial payment during the Promotion Period.


Users must complete the Black Friday Onboarding Checklist (outlined below) in full by January 1, 2026, at 11:59 PM PST to qualify for the promotional refund and free month.

The Promotion is limited to one (1) redemption per company or business entity.

2. Promotion Benefits

Qualified participants will receive:

A refund of their first month’s worth of Enterprise subscription fee; and

One (1) additional month of Enterprise service added at no cost.

The combined value of this Promotion is over $500 USD, based on the standard Enterprise plan rate of $279 per month.

3. Onboarding Checklist Requirements

To qualify, all of the following twelve (12) onboarding steps must be fully and verifiably completed:

  1. Add Your Logo — The company’s business logo must be uploaded into the user’s Copilot CRM account
  2. Import Your Data — Customer, property, and item/service data must be imported into the account (data count > 0).
  3. Set Up Payments — A valid Stripe account must be connected to Copilot without restrictions.
  4. Sign Up for Copilot Academy — A Kajabi (Homeworks Academy) account must be created and identifiable by the Homeworks CRM team.
  5. Add Your First Customer — The account must contain at least one (1) customer.
  6. Create Your First Estimate — The account must contain at least one (1) estimate.
  7. Create Your First Visit — The account must contain at least one (1) visit.
  8. Collect Your First Payment — The account must contain at least one (1) payment transaction.
  9. Join the Homeworks Orientation Call — The user must have fully attended a Homeworks Onboarding Call (scheduled via Calendly).
  10. Send a Text Blast — A mass text message must be sent through the user’s Homeworks CRM account.
  11. Send an Email Blast — A mass email must be sent through the user’s Homeworks CRM account.
  12. Attend Mike Andes’ New Member Q&A — The user must have fully attended the Homeworks CRM New Member Business Q&A (scheduled via Calendly)..

4. Verification

Completion of checklist items as shown in the in-app messenger does not guarantee eligibility.


Homeworks support and onboarding teams will manually verify checklist completion according to the criteria listed above.


Only verified completions will be considered valid for Promotion qualification.

Homeworks reserves the right to request proof of activity or usage to confirm checklist completion.

5. Fulfillment

Once verified, the Homeworks team will process the applicable refund and apply the free month of service within 10 business days.


Refunds will be issued to the same payment method used for the initial subscription.

6. Additional Terms

Participants who fail to complete all twelve checklist items by the stated deadline will not be eligible for the refund or free month.


Homeworks reserves the right to modify, suspend, or terminate the Promotion at any time for any reason, without notice.


Fraudulent, incomplete, or misleading submissions will void eligibility.

The Promotion has no cash value and may not be combined with other discounts, trials, or promotions.

Teen Giveback Program

The Homeworks Teen Giveback Program is available to individuals under the age of 18 who can provide valid documentation proving their age and the legal registration of their business. Eligible participants will receive free access to the Homeworks Growth Monthly plan until their 18th birthday. Proof of age and business registration must be submitted through the form on www.home.works/teen at the time of application. Failure to provide valid documentation will result in ineligibility for the program, and no refunds or prorated subscription fees will be issued for services already provided.

Upon turning 18, participants will automatically transition to a standard paid subscription plan unless they choose to cancel their service. On the individual's 18th birthday, the subscription will renew at full cost, resulting in a charge on the card on file. The program is non-transferable and may only be used by the original applicant. Homeworks reserves the right to modify or terminate the program with or without prior notice, and changes will take effect immediately. Homeworks also reserves the right to suspend or terminate program access on an individual basis with notice, at any time, with or without cause, and changes will take effect immediately. Participants are responsible for ensuring that their use of Homeworks complies with applicable laws in their jurisdiction.


The Homeworks Giveback Program offers only the base subscription at no charge. Additional users added to the software with enabled logins will result in a $15 USD charge every month per active user login.


By joining the program, applicants agree to these Terms and Conditions.

Homeworks Growth Guarantee

If your business doesn't grow,

you keep your money

If your business doesn’t grow at least 10% in your first year using Homeworks, 
we’ll refund your software fees.


Your software should earn its seat at the table.