Terms of Service

Acceptance of Terms

These Terms of Service are entered into by and between you and Fore Home, Inc. ("Company," "we," "us," or "our"). The following terms and conditions, together with our Privacy Policy and End User License Agreement ("EULA"), which are incorporated herein by reference (collectively, "Terms of Service" or "Terms"), govern your access to and use of the FORE Home mobile application (available on the Apple App Store and Google Play Store) (the "App") and all related services, features, content, and functionality offered by the Company (collectively, the "Services").

Please read the Terms of Service carefully before you start to use the Services. By downloading, installing, or using the App, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms, our Privacy Policy (available at www.theforehome.com/privacy), and our EULA. If you do not want to agree to these Terms of Service, the Privacy Policy, or the EULA, you must not access or use the Services.

The Services are offered and available to users who are eighteen (18) years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet this eligibility requirement. If you do not meet this requirement, you must not access or use the Services.

Changes to Terms

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter; provided, however, that for material changes that affect how we process your previously collected data or that expand our sharing practices, we will provide at least thirty (30) days’ advance notice before the changes take effect. Any changes to the dispute resolution provisions set out in the Dispute Resolution, Arbitration, and Waiver of Jury Trial section below will not apply retroactively to any disputes for which the parties have actual notice before the date the change is posted.

Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

Description of Services

FORE Home is an AI-powered home management platform designed to help homeowners understand, maintain, and improve their properties. The Services include, but are not limited to, the following features and functionality:

1. Processing and analyzing uploaded home inspection reports, receipts, invoices, warranty documents, maintenance records, insurance claim records, photographs, and other home-related documents using artificial intelligence technology;
2. Generating a proprietary FORE Score, a numerical rating from 0 to 100 reflecting your property's overall condition;
3. Providing AI-generated action plans in plain language, cost estimates, severity classifications (Safety, Repair, or Monitor), predictive maintenance reminders and schedules, and home improvement recommendations with estimated return on investment (ROI) using neighborhood and appraisal data;
4. Matching you with home service professionals based on your specific needs through a curated vendor marketplace; and
5. Operating on a subscription basis via the Apple App Store and Google Play Store.

The Company reserves the right to modify, suspend, or discontinue any aspect of the Services at any time without notice or liability.

Account Registration and Security

To access certain features of the Services, you may be required to register for an account. You agree that all information you provide during registration and thereafter is accurate, current, and complete, and you agree to update such information as necessary to maintain its accuracy. Your registration information and use of the Services is governed by our Privacy Policy.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Your account is personal to you, and you agree not to provide any other person with access to the Services or portions thereof using your username, password, or other security information. You agree to notify the Company immediately of any unauthorized access to or use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to protect your account credentials.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms of Service.

Subscription and Fees

Subscription Model. The Services operate on a subscription basis. The current subscription fee is as displayed in the Apple App Store or Google Play Store at the time of purchase (the "Subscription Fee"), subject to change upon notice as described below. Subscriptions are purchased and processed through the Apple App Store or Google Play Store, and are subject to the applicable app store's terms and conditions regarding in-app purchases.

Automatic Renewal. Your subscription will automatically renew at the end of each subscription period at the then-current Subscription Fee unless cancelled prior to the renewal date. You authorize us (through the applicable app store) to charge the payment method associated with your account for each renewal period until you cancel.

YOU MUST CANCEL YOUR SUBSCRIPTION AT LEAST 24 HOURS BEFORE IT RENEWS TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD. CANCELLATION MUST BE COMPLETED THROUGH THE APPLICABLE APP STORE'S SUBSCRIPTION MANAGEMENT SETTINGS.

Fee Changes. Company reserves the right to modify the Subscription Fee upon not less than thirty (30) days' advance written notice to you (which may be provided through the App or via email). The new fee will apply beginning with your next subscription renewal following the notice period. If you do not agree to the modified fee, you may cancel your subscription before the renewal date.

Compliance. Company’s subscription and automatic renewal practices are designed to comply with the California Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600–17606), the FTC’s Negative Option Rule, and similar state laws, including providing clear and conspicuous disclosure of automatic renewal terms, obtaining affirmative consent before charging, and providing a cost-effective mechanism for cancellation.

License Grant and Restrictions

Subject to your compliance with these Terms of Service, the Company grants you a limited, non-exclusive, nontransferable, non-sublicensable, revocable license to download, install, and use the App on a single mobile device that you own or control, solely for your personal, non-commercial use. This license is subject to the terms and conditions of these Terms and the EULA.

You shall not:

1. Copy, modify, or create derivative works of the App or any portion thereof;
2. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive the source code of the App or any part thereof;
3. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App to any third party;
4. Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the App;
5. Use the App for any revenue-generating, commercial, or purposes not expressly permitted by these Terms;
6. Use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract data;
7. Frame, mirror, or otherwise incorporate any part of the Services into any other program, application, or website;
8. Circumvent, disable, or otherwise interfere with any security-related features of the App or Services;
9. Use the App in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including power generation systems, aircraft navigation or communication systems, air traffic control systems, or any other transport management systems, safety-critical applications (including medical or life-support systems, vehicle operation applications, or any police, fire, or other safety response systems), or military or aerospace applications, weapons systems, or environments; or
10. Use the App in any manner not permitted by these Terms or the EULA.

For additional details regarding the license grant and restrictions applicable to the App, please refer to our EULA.

User Content and Data Ownership

Definition of User Content. "User Content" means any and all materials, information, data, documents, images, and other content that you upload, submit, transmit, or make available through the Services, including but not limited to: home inspection reports, photographs, receipts, invoices, warranty documents, maintenance and repair records, remodel and renovation history, project-related documents, appliance and equipment information, personal notes and observations, communications sent through the App, and any other content you provide in connection with the Services.

License Grant to Company. By submitting, uploading, or otherwise making available any User Content through the Services, you hereby grant to Fore Home, Inc. a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, and otherwise exploit such User Content in any form, media, or technology now known or hereafter developed, for any lawful business purpose, including but not limited to: operating and improving the Services; providing, personalizing, and enhancing the Services; internal marketing and business development; developing and improving artificial intelligence models and algorithms (subject to the limitations set forth in the Artificial Intelligence Processing and Consent section below); creating aggregated, de-identified, or anonymized datasets; data analytics; and any other lawful business purpose consistent with applicable law.

Survival of License. The license granted to Company under this section shall survive the termination or expiration of these Terms and the deletion or closure of your account.

Retained Ownership. You retain ownership of the original User Content that you submit through the Services. However, you acknowledge and agree that the broad license granted above gives Company substantial rights to use such User Content and that such license is irrevocable.

Company-Owned Outputs. You acknowledge and agree that Company owns all right, title, and interest in and to all outputs, results, analyses, scores, recommendations, action plans, cost estimates, severity classifications, and other materials generated by the Services' artificial intelligence systems in connection with your User Content (collectively, "AI Outputs"), including without limitation your FORE Score, subject to your right to request deletion of personal information under applicable law and Company’s right to de-identify such information to comply with such request. AI Outputs are the proprietary property of Company, and you are granted a limited, non-exclusive, non-transferable, revocable license to view and use your personal AI Outputs solely within the App for your personal, non-commercial use.

Aggregate and De-Identified Data. Company may aggregate and de-identify User Content and other data collected through the Services to create datasets that do not reasonably identify any individual. Such aggregate and de-identified data may be used, retained, disclosed, and commercially exploited by Company without restriction, including for data licensing to third parties, industry research, market analysis, and product development.

Representations Regarding User Content. You represent and warrant that: (i) you own or have all necessary rights, licenses, consents, and permissions to submit all User Content and to grant the licenses set forth herein; (ii) your User Content does not and will not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, or other proprietary rights; and (iii) your User Content does not contain any material that is unlawful, defamatory, obscene, or otherwise objectionable.

User Content Tied to Account, Not Property. Your User Content is associated with your user account, not with the property address. If you sell your home, your User Content (including uploaded documents, photos, home records, and AI Outputs) does not automatically transfer to the new property owner. Any sharing of your User Content with a subsequent property owner is at your sole discretion. Fore Home does not facilitate or require the transfer of User Content in connection with a property sale.

Artificial Intelligence Processing and Consent

AI-Powered Features. The Services use artificial intelligence and machine learning technology ("FORE AI") to process User Content. FORE AI analyzes your uploaded documents—including, for example, home inspection reports, photographs, receipts, and other home-related materials—to provide the following features:

1. Extracting and categorizing findings from inspection reports;
2. Assigning severity levels to identified issues (Safety, Repair, or Monitor);
3. Generating estimated cost ranges for repairs and improvements;
4. Calculating a proprietary FORE Score (a numerical rating from 0 to 100 reflecting your property's overall condition);
5. Creating prioritized action plans in plain language;
6. Providing predictive maintenance reminders and schedules;
7. Recommending home improvements with estimated return on investment using neighborhood and appraisal data; and
8. Matching you with qualified service professionals.

Third-Party AI Provider. The Services currently use Google as a third-party AI provider to process User Content. The third-party AI provider is contractually prohibited from using your User Content for its own model training purposes. Company reserves the right to change AI providers without notice to you, provided that any replacement provider is subject to substantially similar restrictions regarding the use of your User Content.

AI Outputs Are Informational Only. AI Outputs, including the FORE Score, action plans, cost estimates, severity classifications, maintenance schedules, and vendor recommendations, are provided for informational purposes only and do NOT constitute professional home inspection advice, structural or mechanical engineering advice, financial advice, legal advice, tax advice, or any other form of professional counsel. You should consult qualified professionals before making decisions based on AI Outputs.

BY UPLOADING USER CONTENT TO THE SERVICES, YOU EXPRESSLY CONSENT TO THE PROCESSING OF SUCH CONTENT BY ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING SYSTEMS, INCLUDING THIRD-PARTY AI PROVIDERS, AS DESCRIBED IN THESE TERMS AND OUR PRIVACY POLICY. YOU ACKNOWLEDGE THAT AI PROCESSING IS AN ESSENTIAL FEATURE OF THE SERVICES AND THAT CERTAIN SERVICES CANNOT BE PROVIDED WITHOUT SUCH PROCESSING.

Withdrawal of Consent. You may withdraw your consent to AI processing by discontinuing the upload of new User Content to the Services. Please note that withdrawal of consent will limit the features and functionality available to you and will not affect the processing of User Content previously uploaded.

AI Model Training. Your User Content is not currently used to train Company's or any third party's AI models. If Company determines in the future that User Content may be used for AI model training purposes, Company will update its Privacy Policy and these Terms and obtain any additional consents required by applicable law before using your User Content for such purposes.

Vendor Listings and Sponsored Content

Vendor Marketplace. The FORE Home App features a marketplace of home service professionals. Some vendors pay a fee to be listed in the App. The availability and presentation of certain vendors in the App is influenced by commercial arrangements.

Preferred Placement (Platinum/Gold/Silver Tiers). Some vendors pay for preferred or top placement within search results and category listings. Vendors in higher tiers (e.g., Platinum) may appear more prominently than vendors in lower tiers or those with standard listings.

"Top Choice" Designation. Vendors labeled as "Top Choice" or similarly designated may have paid for this distinction or may have been selected based on agent recommendations and vetting.

Transparency Regarding Sponsored Content. We believe in transparency about the commercial nature of vendor recommendations. When a vendor's placement in the App is influenced by paid arrangements rather than (or in addition to) quality metrics or user reviews, this will be disclosed to you through visual indicators within the App (such as tier badges or "sponsored" labels).

Referral Commissions. Fore Home receives referral commissions on completed services booked through the App. This means Fore Home has a financial interest in connecting you with service vendors. The existence of this commission does not increase the price you pay for services.

Revenue-Sharing Arrangement. You acknowledge that Company maintains a revenue-sharing arrangement with affiliated real estate brokerages, including Keller Williams Realty, Inc. and its franchisees. Under this arrangement, the referring brokerage (not the individual agent) receives a portion of the revenue generated through the App. The referring agent's vetted vendor networks may be prioritized in vendor listings. This financial relationship may create an incentive for the brokerage to recommend the App to homeowners. Company may disclose certain information with the Keller Williams brokerage and/or agent who referred you to the App, including your name, contact information, general information about your use of the App (e.g., service bookings, maintenance activity), and information necessary to facilitate seasonal reminders and communications branded with your agent’s information, as further described in our Privacy Policy.

Not an Endorsement; No Obligation to Use Listed Vendors. Listing a vendor in the App, including in any Preferred, Sponsored, or “Top Choice” placement, does not constitute an endorsement, recommendation, referral, vetting, approval, or guarantee by Fore Home, its affiliates, or any referring agent or brokerage of the vendor’s qualifications, competence, quality of work, licensing, insurance coverage, bonding, background, services, materials, workmanship, pricing, reliability, or fitness for any particular purpose. Fore Home does not perform background checks, verify credentials, or independently investigate any vendor listed in the App. Vendors may be added to the App by Fore Home, referring agents, brokerages, or the vendors themselves. Vendors are independent third parties and are not employees, agents, contractors, or representatives of Fore Home. You are solely responsible for independently evaluating, selecting, and engaging any vendor. Fore Home is not a party to any agreement between you and any vendor. You are not required to use any vendor listed in the App and may engage any service provider of your choosing.

User Responsibility for Vendor Selection and Compliance. You are solely responsible for (a) verifying that any vendor you engage, whether or not listed in the App, holds all licenses, permits, insurance (including liability insurance and workers’ compensation coverage), and bonds required by applicable law, (b) obtaining any permits required for work performed at your property, (c) ensuring that all work performed complies with applicable building codes, zoning regulations, homeowner association rules, and other legal requirements, (d) negotiating, entering into, and performing any contracts or agreements with vendors, and (e) resolving any payment disputes or other disagreements with vendors. Any contract you enter into with a vendor is solely between you and the vendor; Fore Home is not a party to, and has no responsibility for, any such contract.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Service.

General Prohibited Conduct. You agree not to use the Services:

1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms;
4. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any junk mail, chain letter, spam, or any other similar solicitation;
5. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity; or
6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Technical Restrictions. You further agree not to:

1. Use the Services in any manner that could disable, overburden, damage, or impair the App, or interfere with any other party’s use of the Services;
2. Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
3. Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
4. Use any device, software, or routine that interferes with the proper working of the Services;
5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Services are stored, or any server, computer, or database connected to the Services;
7. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
8. Otherwise attempt to interfere with the proper working of the Services.

Platform-Specific Restrictions. In addition, you agree not to:

1. Upload, submit, or transmit any false, fraudulent, misleading, or materially inaccurate documents, including home inspection reports, receipts, invoices, or other records;
2. Use the Services in connection with any property that you do not own or have legal authority to manage;
3. Submit false, misleading, or fraudulent vendor reviews, ratings, or feedback, or manipulate the vendor rating system in any way;
4. Use AI Outputs, including the FORE Score, action plans, cost estimates, or maintenance recommendations, for credit, lending, insurance underwriting, property appraisal, or other decisions that would be subject to the Fair Credit Reporting Act, Equal Credit Opportunity Act, or similar laws, unless expressly authorized in writing by Fore Home;
5. Share your account credentials with any other person or allow any other person to access or use your account;
6. Use the Services on behalf of any third party without that party’s express written authorization, or access or use another person’s account without their permission; or
7. Use AI Outputs or any data obtained through the Services to develop, train, or improve any artificial intelligence or machine learning model, algorithm, or system, whether for commercial or non-commercial purposes.

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, algorithms, AI models, the FORE Score methodology, and the design, selection, and arrangement thereof) are provided under license, not sold, to you and 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. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto, other than to use the Services in accordance with the license granted herein.

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 Services, except as expressly permitted by these Terms of Service, the EULA, or as otherwise authorized in writing by the Company.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Service, your right to use the Services will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company.

Trademarks. The FORE Home name, FORE Score, 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. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Content Standards

These content standards apply to any and all User Content and use of the Services. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
4. 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;
5. Be likely to deceive any person;
6. Promote any illegal activity, or advocate, promote, or assist any unlawful act;
7. Impersonate any person or misrepresent your identity or affiliation with any person or organization; or
8. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any content available through the Services violates your copyright, please send a notice of copyright infringement to our designated agent at: hello@theforehome.com. Your notice must include the information required by the Digital Millennium Copyright Act (17 U.S.C. § 512).

It is the policy of the Company to terminate the user accounts of repeat infringers in appropriate circumstances.

Disclaimers of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. 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.

YOUR USE OF THE SERVICES, INCLUDING THE APP, AI OUTPUTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, IS AT YOUR OWN RISK.

THE SERVICES, THEIR CONTENT, AI OUTPUTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. 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 SERVICES.

WITHOUT LIMITING THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING: (A) THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF ANY AI OUTPUTS, INCLUDING THE FORE SCORE, ACTION PLANS, COST ESTIMATES, SEVERITY CLASSIFICATIONS, MAINTENANCE SCHEDULES, OR RECOMMENDATIONS; (B) THE QUALIFICATIONS, QUALITY OF WORK, LICENSING, INSURANCE, SERVICES, OR PRICING OF ANY THIRD-PARTY SERVICE VENDOR LISTED IN OR BOOKED THROUGH THE APP, INCLUDING VENDORS IN PREFERRED, SPONSORED, OR "TOP CHOICE" PLACEMENTS—YOUR SELECTION AND USE OF ANY VENDOR IS AT YOUR SOLE RISK, AND COMPANY DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY VENDOR; (C) THE PERFORMANCE, SECURITY, COMPATIBILITY, OR DATA ACCURACY OF ANY THIRD-PARTY AI PROVIDER USED IN CONNECTION WITH THE SERVICES; (D) THE PERFORMANCE, SECURITY, OR AVAILABILITY OF THIRD-PARTY PAYMENT PROCESSORS; (E) ANY VENDOR’S COMPLIANCE WITH APPLICABLE BUILDING CODES, PERMIT REQUIREMENTS, ZONING REGULATIONS, HOMEOWNER ASSOCIATION RULES, LICENSING REQUIREMENTS, INSURANCE REQUIREMENTS, OR OTHER LEGAL OBLIGATIONS; AND (F) THE SUITABILITY OF AI OUTPUTS AS PROFESSIONAL ENGINEERING, ARCHITECTURAL, CONSTRUCTION, OR CODE-COMPLIANCE ADVICE. AI OUTPUTS DO NOT ACCOUNT FOR LOCAL BUILDING CODES, PERMIT REQUIREMENTS, OR SITE-SPECIFIC CONDITIONS.

IF AND WHEN SMART-HOME DEVICE INTEGRATIONS ARE MADE AVAILABLE THROUGH THE SERVICES (INCLUDING THERMOSTATS, DOORBELLS, CAMERAS, LOCKS, OR SENSORS), COMPANY DOES NOT WARRANT THE PERFORMANCE, SECURITY, COMPATIBILITY, OR DATA ACCURACY OF ANY SUCH THIRD-PARTY DEVICES OR THEIR ASSOCIATED SERVICES. YOU USE SMART-HOME INTEGRATIONS AT YOUR OWN RISK. COMPANY WILL UPDATE THESE TERMS AND THE PRIVACY POLICY AND PROVIDE NOTICE BEFORE COLLECTING ANY DATA FROM SMART-HOME DEVICE INTEGRATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

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, OR ANY AFFILIATED REAL ESTATE BROKERAGES, AGENTS, OR MARKET CENTERS (INCLUDING KELLER WILLIAMS REALTY, INC. AND ITS FRANCHISEES) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY CONTENT ON THE SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, 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, COST OF SUBSTITUTE GOODS OR SERVICES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, AND ANY AFFILIATED REAL ESTATE BROKERAGES, AGENTS, OR MARKET CENTERS (INCLUDING KELLER WILLIAMS REALTY, INC. AND ITS FRANCHISEES), TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) FIFTY DOLLARS ($50.00).

WITHOUT LIMITING THE FOREGOING, COMPANY SHALL NOT BE LIABLE FOR: (A) ANY DECISIONS MADE OR ACTIONS TAKEN BY YOU OR ANY THIRD PARTY BASED ON AI OUTPUTS, INCLUDING THE FORE SCORE, MAINTENANCE RECOMMENDATIONS, COST ESTIMATES, OR VENDOR SUGGESTIONS; (B) THE ACTS, OMISSIONS, QUALITY OF WORK, LICENSING, INSURANCE, OR SERVICES OF ANY THIRD-PARTY SERVICE VENDOR LISTED IN OR BOOKED THROUGH THE APP, WHETHER OR NOT SUCH VENDOR IS DISPLAYED AS A PREFERRED, SPONSORED, OR "TOP CHOICE" VENDOR; (C) THE PERFORMANCE, SECURITY, OR AVAILABILITY OF THIRD-PARTY PAYMENT PROCESSORS OR ANY LOSS OF FUNDS, FAILED TRANSACTIONS, OR UNAUTHORIZED CHARGES IN CONNECTION THEREWITH; (D) ANY LOSS OR DAMAGE ARISING FROM YOUR RELIANCE ON VENDOR LISTINGS, SPONSORED LISTINGS, TIER PLACEMENTS, OR "TOP CHOICE" DESIGNATIONS WITHIN THE APP; (E) ANY DISPUTE, CLAIM, DAMAGE, INJURY, LOSS, OR EXPENSE ARISING OUT OF OR RELATING TO ANY VENDOR’S SERVICES, ACTS, OMISSIONS, PRODUCTS, OR CONDUCT, INCLUDING WITHOUT LIMITATION PROPERTY DAMAGE, PERSONAL INJURY, DEFECTIVE WORKMANSHIP, FAILURE TO PERFORM, BREACH OF CONTRACT, OR ANY OTHER MATTER; OR (F) ANY LOSS OF USER CONTENT, AI OUTPUTS, OR OTHER DATA ARISING FROM: (I) YOUR FAILURE TO MAINTAIN ADEQUATE BACKUPS; (II) YOUR INTENTIONAL OR ACCIDENTAL DELETION OF USER CONTENT OR ACCOUNT DATA; (III) TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS; OR (IV) SERVICE INTERRUPTIONS OR OUTAGES CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitation of liability set out above does not apply to liability resulting from the Company's gross negligence or willful misconduct, fraud, or death or bodily injury where such limitation is prohibited by applicable law.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

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, and any affiliated real estate brokerages, agents, or market centers (including Keller Williams Realty, Inc. and its franchisees) from and against any 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 of Service; (b) your use of the Services, including but not limited to your User Content and any use of the Services' content, features, and functionality other than as expressly authorized in these Terms; (c) your User Content, including any claims of intellectual property infringement related thereto; (d) your violation of any applicable law or regulation; (e) your breach of the EULA or Privacy Policy; or (f) your interactions, agreements, or disputes with any third-party vendor listed in or booked through the App.

Dispute Resolution, Arbitration, and Waiver of Jury Trial

Any dispute, claim, or controversy arising out of or relating to these Terms of Service, the EULA, the Privacy Policy, or your use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination (collectively, “Disputes”), shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect, except as modified herein. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. Arbitration shall be conducted in Benton County, Arkansas, or, at your election, the county where you reside. The arbitrator shall apply Arkansas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.

OPT-OUT RIGHT. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to hello@theforehome.com within thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name, mailing address, email address associated with your account, and a clear statement that you want to opt out of this arbitration agreement. If you opt out, neither you nor Company will be required to arbitrate Disputes as a result of this arbitration agreement, but all other provisions of these Terms will remain in effect.

CLASS ACTION WAIVER. YOU AND THE COMPANY AGREE THAT ANY ARBITRATION OR CLAIM SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 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. NOTWITHSTANDING THE FOREGOING, THIS CLASS ACTION WAIVER DOES NOT APPLY TO CLAIMS BROUGHT UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT (“PAGA”), WHICH MAY BE PURSUED IN COURT REGARDLESS OF THIS ARBITRATION AGREEMENT.

SMALL CLAIMS COURT EXCEPTION. Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the scope of the small claims court's jurisdiction.

ARBITRATION FEES AND COSTS. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. Each party shall bear its own attorneys’ fees and costs unless the arbitrator determines that a party’s claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may award reasonable attorneys’ fees to the prevailing party.

WAIVER OF JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE EULA, THE PRIVACY POLICY, OR THE SERVICES, INCLUDING ANY CLAIM, COUNTERCLAIM, OR DISPUTE BETWEEN YOU AND THE COMPANY, WHETHER OR NOT SUCH PROCEEDING IS SUBJECT TO ARBITRATION. THIS WAIVER APPLIES WHETHER THE PROCEEDING IS IN CONTRACT, TORT, OR OTHERWISE. YOU ACKNOWLEDGE THAT THIS WAIVER IS A MATERIAL INDUCEMENT FOR THE COMPANY TO ENTER INTO THESE TERMS, AND THAT YOU AND THE COMPANY HAVE EACH RELIED ON THIS WAIVER IN ENTERING INTO THESE TERMS.

SEVERABILITY OF ARBITRATION PROVISIONS. If any portion of this Dispute Resolution, Arbitration, and Waiver of Jury Trial section is found to be unenforceable, the remaining portions shall remain in full force and effect. If the class action waiver (other than the PAGA carve-out) is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and decided by a court of competent jurisdiction, and the remaining claims shall be arbitrated. The arbitration agreement shall survive the termination of these Terms.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Service, the EULA, and the Privacy Policy, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arkansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Arkansas or any other jurisdiction).

Subject to the arbitration agreement above, any legal suit, action, or proceeding arising out of, or related to, these Terms of Service, the EULA, the Privacy Policy, or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arkansas, in each case located in Rogers, Benton County, Arkansas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE EULA, THE PRIVACY POLICY, 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. THIS LIMITATION DOES NOT APPLY TO ANY CLAIM OR CAUSE OF ACTION WHERE APPLICABLE STATE LAW PROHIBITS A ONE-YEAR LIMITATIONS PERIOD, IN WHICH CASE THE SHORTEST LIMITATIONS PERIOD PERMITTED BY SUCH STATE LAW SHALL APPLY.

Termination

The Company may terminate or suspend your access to all or part of the Services, without prior notice or liability, for any reason, including without limitation if you breach these Terms of Service. The Company may also terminate or suspend your account at its sole discretion.

You may terminate these Terms at any time by deleting the App from your device and cancelling your subscription through the applicable app store's subscription management settings (Apple App Store or Google Play Store). You may also request account deletion by contacting us at hello@theforehome.com.

Upon termination: (a) all rights and licenses granted to you under these Terms will immediately terminate; (b) you must cease all use of the Services; and (c) your access to the Services, including any User Content and AI Outputs stored therein, will be discontinued.

The following provisions shall survive termination of these Terms: User Content and Data Ownership (including Company's license to User Content and Company's ownership of AI Outputs), Artificial Intelligence Processing and Consent, Disclaimers of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, Arbitration, and Waiver of Jury Trial, Governing Law and Jurisdiction, Limitation on Time to File Claims, and any other provisions that by their nature should survive.

Data retention and deletion following termination shall be governed by our Privacy Policy. Your statutory rights to request deletion of personal data under applicable law are not affected by the surviving license. The surviving license applies only to: (a) data that has been aggregated or de-identified such that it no longer reasonably identifies you; (b) AI Outputs and derivative data that do not contain personal information; and (c) data Company is permitted or required to retain under applicable law.

Data Portability. Subject to applicable law, you have the right to request and receive a copy of your User Content in a portable, commonly used, and machine-readable format. To request an export of your User Content, please contact us at hello@theforehome.com or use any export features made available through the App.

Force Majeure

The Company shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any obligation under these Terms when and to the extent such failure or delay is caused by or results from events beyond the Company's reasonable control, including but not limited to: acts of God; flood, fire, earthquake, or other natural disasters; war, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest; government orders, laws, or actions; embargoes or blockades; national or regional emergencies; pandemics or epidemics; strikes, labor stoppages, or slowdowns; telecommunication breakdowns; power outages; cyberattacks; or failures of third-party infrastructure, including internet service providers and cloud hosting platforms.

Electronic Communications

By using the Services, you consent to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, “Communications”) that Company provides in connection with the Services and your account. You agree that Company may provide Communications to you by posting them within the App, emailing them to the email address associated with your account, sending push notifications, or by other electronic means. You agree that all Communications provided electronically satisfy any legal requirement that such communications be in writing. To access and retain Communications, you will need: (a) a device with internet access; (b) a current web browser or the current version of the App; and (c) sufficient storage to save Communications or a printer to print them. You should maintain copies of electronic Communications by saving an electronic copy or printing a paper copy. You may withdraw your consent to receive Communications electronically by contacting us at hello@theforehome.com, but withdrawal of consent may result in termination of your access to the Services. You are responsible for keeping your email address and other contact information current by updating your account settings.

Geographic Restrictions

The Company is based in the State of Arkansas in the United States. The Services are intended for use by persons located in the United States. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States. Access to the Services from outside the United States is at your own risk, and you are responsible for compliance with local laws.

Third-Party Links and Materials

The Services may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. 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 or resources linked through the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Accessibility

The Company is committed to providing an accessible experience for all users. If you encounter any barriers or accessibility issues while using the Services, please contact us at hello@theforehome.com so that we may assist you and work to address the issue.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Service 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 of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service 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 of Service will continue in full force and effect.

Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without the Company's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. The Company may assign or transfer these Terms, in its sole discretion, without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

Entire Agreement

These Terms of Service, together with the Privacy Policy and the EULA, constitute the sole and entire agreement between you and Fore Home, Inc. regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Contact Information

The Services are operated by Fore Home, Inc. All questions, concerns, and notices regarding these Terms of Service should be directed to:

All notices of copyright infringement claims should be sent to hello@theforehome.com in accordance with the procedures set out in the Copyright Infringement section above.

See also our Privacy Policy, which describes how we collect, use, and disclose your personal data.