Terms of Use
THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER
AND REQUIRES THE USE OF ARBITRATION ON AN
INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER
THAN JURY TRIALS.
These Terms of Use (the “Terms”) govern your use of the
Live Home Technologies, Inc. (the “Company”) service
available through our website located at https://www.livehome.ai (the “Website”), and software applications,
including the application entitled “Live Home” (each, an
“App” and collectively, “Apps”) that facilitate the scheduling,
management and performance of certain household chores
and other errands (collectively, the functionality provided by
the Website and App referred to as the “Service”). By
clicking the “I accept” button, completing the registration
process, browsing our Website, downloading and installing
the App or using the Service, you acknowledge that you
have read and understood these Terms and agree to be
bound by them. If not, do not download the Apps or use the
Website or Service.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY
ACCESSING, BROWSING OR USING THE WEBSITE OR
SERVICE, CLICKING ON THE “I ACCEPT” BUTTON,
COMPLETING THE REGISTRATION PROCESS, AND/OR
DOWNLOADING THE APP, YOU REPRESENT (1) THAT
YOU ARE OF LEGAL AGE TO FORM A BINDING
CONTRACT WITH COMPANY, AND (2) YOU HAVE THE
AUTHORITY TO ENTER INTO THE TERMS OF USE
PERSONALLY OR ON BEHALF OF THE COMPANY YOU
REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY
THESE TERMS OF USE, YOU MAY NOT ACCESS OR
USE THE WEBSITE, APP OR SERVICES.
- About Live Home.
- Generally: The Service enables you to
automatically schedule, manage and have certain
household chores and other errands performed on
your behalf via your own “Home Manager”. Upon
payment of membership fees, you will be assigned
one or more individuals (each, a “Home Manager”)
who will perform those tasks (such as picking up
drying cleaning or household cleaning) requested
by you via the Service (each, a “Task”). To
schedule a Task, you must input the required
information as requested through the Service. You
agree that any information you provide when
scheduling a Task is true, accurate, current and
complete, and, where applicable, you will update
all such information as necessary to maintain its
truth, accuracy and completeness. Failure to do so
will constitute a breach of these Terms. To the
extent permitted by applicable law, we reserve the
right to deny or terminate service to any member at
our discretion.
- Third Party Applications: In order to complete
certain Tasks, the Service may need to access
certain third party software applications on your
mobile device (“Third Party Apps”) and the
account(s) associated with such Third Party Apps.
You expressly consent to and authorize the
Company to access and use those Third Party
Apps designated by you, including the relevant
accounts associated therewith, on your behalf to
the extent necessary to provide the Service to you
and complete the Tasks. You acknowledge and
agree that the use of Third Party Apps is governed
by the relevant terms and conditions associated
therewith (“Third Party Terms”), and that you are by
bound by such Third Party Terms. You further
acknowledge and agree that the Company has no
control over and cannot be responsible for any
Third Party App or its products or services.
Accordingly, the Company disclaims any and all
warranties, and liabilities with respect to Third Party
Apps, and their products and services.
- Registration.
- Member Accounts: To use certain features of the
Service, you must register and create an account
(“Account”). To be eligible to create an Account,
you must be at least 18 years old. When you set up
your account, you will be required to create log-in
credentials by providing certain types of personal
information (“Login Credentials”). For more
information on the types of personal information we
will collect in order to create your Login Credentials
and Account, please review our Privacy Statement.
In registering for the Services, you agree (1) to
provide true, accurate, current and complete
information about yourself as prompted by the
Services’ registration form (“Registration Data”); (2)
to maintain and promptly update the Registration
Data to keep it true, accurate, current and
complete; and (3) that you have a legitimate
interest in the property you are providing The
Home Manager access to (your residence), and
you have all the necessary permissions from other
persons or entities who also have an interest in
your residence. You are responsible for maintaining
the confidentiality of your Login Credentials, and
are solely responsible for all activities that occur
using your Login Credentials. You agree not to
allow a third party to use your Login Credentials at
any time. We reserve the right to terminate any
username and password which we reasonably
determine may have been used by an
unauthorized third party. You agree not to create an
Account using a false identity or information, or on
behalf of someone other than yourself. You agree
not to create an Account or use the Services if you
have been previously removed by the Company, or
if you have been previously banned from any of the
Services.
-
Third Party Accounts: Depending on the version of
the App you are using, you may also link your
Account with certain third party social networking
services, including Facebook, and other Third Party
Apps (each a “Third Party Account”) by either (i)
providing your Third Party Account login
information to us; or (ii) allowing us to access your
Third Party Account, if permitted under the
applicable terms and conditions that govern your
use of each Third Party Account. You represent
that you are entitled to disclose your Third Party
Account login information to us and/or grant us
access to your Third Party Account without breach
by you of any of the terms and conditions that
govern your use of the applicable Third Party
Account and without obligating us to pay any fees
or making us subject to any usage limitations
imposed by such third party service providers.
PLEASE NOTE THAT YOUR RELATIONSHIP
WITH THE SOCIAL NETWORKING SERVICE
AND OTHER SOFTWARE APPLICATION
PROVIDERS ASSOCIATED WITH YOUR THIRD
PARTY ACCOUNTS IS GOVERNED SOLELY BY
YOUR AGREEMENT(S) WITH SUCH SOCIAL
NETWORKING SERVICE AND SOFTWARE
APPLICATION PROVIDERS.
- Licenses and Restrictions.
- License: Subject to the terms and conditions
herein, Company grants you a personal, revocable,
limited, non-transferable license to use the App on
either (i) any iPhone, iPad or iPod Touch that you
own or control, or (ii) any Android-enabled mobile
device you own or control. With respect to any App
accessed through or downloaded from the Apple
App Store, Google Chrome Web Store, Google
Play marketplace or any similar store or
marketplace (each, an “App Store” and references
to an App Store include the corporate entity and its
subsidiaries making such App Store available to
you), you agree to comply with all applicable third
party terms of the relevant App Store (e.g. Apple
App Store’s “Usage Rules”) (the “Usage Rules”).
- Certain Restrictions: The rights granted to you in
the Terms are subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer,
assign, reproduce, distribute, host or otherwise
commercially exploit the Website, Apps, back-end
databases or Services (collectively, the “Company
Properties”) or any portion of the Company
Properties; (b) you shall not frame or utilize framing
techniques to enclose any trademark, logo, or
other Company Properties (including images, text,
page layout or form) of Company; (c) you shall not
use any meta-tags or other “hidden text” using
Company’s name or trademarks; (d) you shall not
modify, translate, adapt, merge, make derivative
works of, disassemble, decompile, reverse compile
or reverse engineer any part of the Company
Properties except to the extent the foregoing
restrictions are expressly prohibited by applicable
law; (e) you shall not use any manual or automated
software, devices or other processes (including but
not limited to spiders, robots, scrapers, crawlers,
avatars, data mining tools or the like) to “scrape” or
download data from any web pages contained in
the Website (except that we grant the operators of
public search engines revocable permission to use
spiders to copy materials from the Website for the
sole purpose of and solely to the extent necessary
for creating publicly available searchable indices of
the materials, but not caches or archives of such
materials); (f) access the Company Properties in
order to build a similar or competitive website,
application or service; (g) except as expressly
stated herein, no part of the Company Properties
may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or
transmitted in any form or by any means; (h) you
shall not remove or destroy any copyright notices
or other proprietary markings contained on or in the
Company Properties; and (i) you shall not use the
Company Properties for any illegal or unlawful
purpose. Any unauthorized use of the Company
Properties terminates the licenses granted by the
Company pursuant to the Terms.
- Updates: All updates and upgrades to the App will
be governed by the version of these Terms
published by Company as of the date you install
such update or upgrade. You agree, however, that
we are not obligated to create or provide any
support, corrections, updates, upgrades, bug fixes
and/or enhancements of the App or for the Service.
Any rights not expressly granted herein are
reserved.
- Ownership Rights and License.
As between you and Company, the Company Properties,
including any design, layout, logo, text, code, and graphics
contained within the App and Website (the “Company
Content”) is, and shall remain the sole property of Company
and is subject to protection under UAE and foreign copyright
or trade mark laws. Other trademarks, logos, and images
that are available in connection with our Service are the
property of their respective owner (each an “Owner”), which
may or may not be affiliated with, connected to, or
sponsored by Company.
- Subscription Fees and Payment Terms.
- Service Subscription Fees: You will be responsible
for payment of the applicable fees for any Services
(each, a “Service Subscription Fee”) at the time
you create your Account and select your monthly or
annual package, as applicable (each, a “Service
Commencement Date”). All fees for the Tasks and
Services are non-refundable. No contract will exist
between you and the Company for the Services
until the Company accepts your order by a
confirmatory email, text message, via the App, or
other appropriate means of communication.
- Payment: You agree to pay all fees or charges to
your Account in accordance with the fees, charges,
and billing terms in effect at the time a fee or
charge is due and payable. We partner with Stripe
to manage payments; by using our Service you
agree to provide Stripe with a valid credit card
(Visa, MasterCard, or any other issuer accepted by
us) (“Payment Provider”) and also agree to Stripe’s
Terms of Service https://stripe.com/us/terms Your
Payment Provider agreement governs your use of
the designated credit card, and you must refer to
that agreement and not to the Terms to determine
your rights and liabilities. By providing Stripe with
your credit card number and associated payment
information, you agree that the Company is
authorized to immediately invoice your Account for
all fees and charges due and payable to the
Company hereunder and that no additional notice
or consent is required. You agree to immediately
update your payment details in Stripe if there is any
change in your billing address or the credit card
used for payment hereunder.
You additionally agree to pay our 5% convenience
credit card processing fee, 4.5% service fee (which
is not a gratuity), and a 2.5% booking charge on
all goods and services purchased on your behalf;
These fees help us maintain and make
continuous investments to enhance our
technology and keep service levels high. The
Company reserves the right at any time to change
its prices and billing methods, either immediately
upon posting on the Company Properties or by
email delivery to you.
-
Automatic Renewal: Your subscription will continue
indefinitely until terminated in accordance with the
Terms. AFTER YOUR INITIAL SUBSCRIPTION
PERIOD, AND AGAIN AFTER ANY SUBSEQUENT
SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION
WILL AUTOMATICALLY COMMENCE ON THE FIRST
DAY FOLLOWING THE END OF SUCH PERIOD
(EACH A “RENEWAL COMMENCEMENT DATE”) AND
CONTINUE FOR AN ADDITIONAL EQUIVALENT
PERIOD, AT THE COMPANY’S THEN-CURRENT
PRICE FOR SUCH SUBSCRIPTION. YOU AGREE
THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS
AUTOMATIC RENEWAL FEATURE UNLESS YOU
CANCEL YOUR SUBSCRIPTION AT ANY TIME.
-
PRIOR TO THE RENEWAL COMMENCEMENT
DATE BY CONTACTING US VIA EMAIL (hello@livehome.ai)If you do not wish your Account to renew
automatically, or if you want to change or terminate
your subscription, please contact us via email
(hello@livehome.ai)If you cancel your subscription,
you may use your subscription until the end of your
then-current subscription term; your subscription will not
be renewed after your then-current term expires.
However, you will not be eligible for a prorated refund of
any portion of the subscription fee paid for the then-
current subscription period. By subscribing, you
authorize the Company to charge your Payment
Provider now, and again at the beginning of any
subsequent subscription period. Upon renewal of your
subscription, if the Company does not receive payment
from your Payment Provider, (i) you agree to pay all
amounts due on your Account upon demand, and/or (ii)
you agree that the Company may either terminate or
suspend your subscription and continue to attempt to
charge your Payment Provider until payment is
received (upon receipt of payment, your Account will be
activated and for purposes of automatic renewal, your
new subscription commitment period will begin as of the
day payment was received).
- Taxes: The Company’s fees are net of any applicable
Sales Tax. If any Services, or payments for any
Services, under the Terms are subject to Sales Tax in
any jurisdiction and you have not remitted the
applicable Sales Tax to the Company, you will be
responsible for the payment of such Sales Tax and any
related penalties or interest to the relevant tax authority,
and you will indemnify the Company for any liability or
expense we may incur in connection with such Sales
Taxes. Upon our request, you will provide us with
official receipts issued by the appropriate taxing
authority, or other such evidence that you have paid all
applicable taxes. For purposes of this section, “Sales
Tax” shall mean any sales or use tax, and any other tax
measured by sales proceeds, that the Company is
permitted to pass to its customers, that is the functional
equivalent of a sales tax where the applicable taxing
jurisdiction does not otherwise impose a sales or use
tax.
-
Free Trials and Other Promotions: Any free trial or
other promotion that provides user access to the
Services must be used within the specified time of the
trial. At the end of the trial period, your use of that
Service will expire and any further use of the Service is
prohibited unless you pay the applicable subscription
fee. Cancellations made 48 hours or less before an
appointment will be subject to a charge of 50% of the
service rate. Select services apply. If you are
inadvertently charged for a subscription, please contact
the Company to have the charges reversed.
- Communications.
The Company reserves the right to contact you from time to
time for feedback about the Services, including feedback
and reviews regarding the Tasks performed by your Home
Manager, and for service and support related issues. We
reserve the right to contact you through email and text
messages, or notices posted on the Website or in your
Account. Notices will be deemed effective at the time they
are sent by the Company or as of the date they are posted,
regardless of whether you actually read any such notices.
- Code of Conduct.
Due to the personalized nature of the Services you may,
from time to time, personally interact with your Home
Manager. You acknowledge our Home Managers are human
beings that deserve your respect, and that your continued
use of the Services is contingent upon your continued
observance of the following code of conduct (“Code of
Conduct”):
The purpose of this Code of Conduct is simple: to ensure
the safety, comfort and enjoyment of all involved, including
you and our Home Managers, when you use the Services.
Accordingly, you agree that you shall not: (i) physically
harm, threaten to harm, or intentionally or recklessly cause
harm to our Home Managers or create a condition that
endangers the health and safety of our Home Managers; (ii)
make or attempt any unwanted sexual advance or
statement to our Home Managers; (iii) threaten, harass,
stalk, intimidate, or engage in any other aggressive or
bullying behavior against our Home Managers; (iv) use any
vulgar or obscene language or otherwise engage in
behavior that is likely to make others feel uncomfortable,
embarrassed or offended; or (v) engage in any behavior that
discriminates against our Home Managers because of the
individual’s race, color, sex, age, national origin, handicap,
sexual orientation or religion. Any violation of our Code of
Conduct shall be deemed a material breach of these Terms,
and the Company may terminate your Account and access
and use of the Services without penalty.
- No Warranty.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT
YOUR USE OF THE COMPANY PROPERTIES IS AT
YOUR SOLE RISK AND THAT, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE
COMPANY PROPERTIES, SERVICES, AND ANY
COMPANY CONTENT, ARE PROVIDED “AS IS” AND “AS
AVAILABLE”, WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND, AND COMPANY HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
RESPECT TO THE COMPANY PROPERTIES, SERVICES,
THE HOME MANAGERS AND ANY COMPANY CONTENT,
EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF
FITNESS FOR A PARTICULAR PURPOSE, OF
ACCURACY, OF QUIET ENJOYMENT, AND NON-
INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY
DOES NOT WARRANT THAT THE COMPANY
PROPERTIES, HOME MANAGERS AND ANY COMPANY
CONTENT, WILL MEET YOUR REQUIREMENTS, THAT
THE OPERATION OF THE COMPANY PROPERTIES WILL
BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS IN THE COMPANY PROPERTIES WILL BE
CORRECTED, OR THAT THE SERVICE WILL BE
AVAILABLE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED
REPRESENTATIVES SHALL CREATE A WARRANTY.
EXCLUDING THE COMPANY’S OR ITS HOME
MANAGER’S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT, TO THE EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS
ALL DAMAGES TO YOUR PERSONAL AND REAL
PROPERTY ARISING FROM REASONABLE WEAR AND
TEAR OR ORDINARY CARELESSNESS OF THE
COMPANY AND ITS HOME MANAGERS, INCLUDING,
WITHOUT LIMITATION, LOST KEYS. YOU
ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY
UTILIZE THIRD PARTY APPS, AND OTHER THIRD PARTY
SERVICE PROVIDERS TO PERFORM THE SERVICES,
AND THAT THE COMPANY HAS NO CONTROL OR
ABILITY TO CONTROL SUCH THIRD PARTY APPS OR
THIRD PARTY SERVICE PROVIDERS. ACCORDINGLY,
COMPANY HEREBY DISCLAIMS ANY AND ALL
WARRANTIES AND LIABILITY WITH RESPECT TO SUCH
THIRD PARTY APPS AND THIRD PARTY SERVICES.
- Acknowledgment and Assumption of Risk.
YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND
UNDERSTAND THAT YOUR PARTICIPATION IN ANY
COMMUNITY ACTIVITIES, INCLUDING WITHOUT
LIMITATION FITNESS CLASSES AND YOUR USE OF ANY
EXERCISE EQUIPMENT IN CONNECTION THEREWITH
SHALL BE UNDERTAKEN BY YOU AT YOUR SOLE RISK.
THERE IS NO REPRESENTATIVE OF BUILDING OWNER
OR ITS MANAGING AGENT PRESENT TO SUPERVISE
OR OVERSEE THE SESSIONS AND BUILDING OWNER
AND/OR ITS MANAGING AGENT HAVE NO OBLIGATION
TO SUPPLY MEDICAL SUPPLIES OR EQUIPMENT AT
THE BUILDING. YOU HEREBY REPRESENT AND
WARRANT THAT YOU ARE PHYSICALLY FIT AND ABLE
TO UNDERTAKE PHYSICAL ACTIVITY AND THAT YOU
HAVE NO PHYSICAL OR MENTAL ILLNESS,
IMPEDIMENT, INJURY, OR HANDICAP THAT WOULD PUT
YOU, OTHER MEMBERS, OR THE INSTRUCTOR AT
RISK. YOU EXPRESSLY AGREE TO DEFEND,
INDEMNIFY, AND HOLD HARMLESS TO LIVE HOME,
BUILDING OWNER AND ITS MANAGING AGENT AND
ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AND SERVANTS IF SAID
REPRESENTATIONS AND WARRANTIES ARE FALSE.
BUILDING OWNER AND ITS MANAGING AGENT ARE
THIRD PARTY BENEFICIARIES OF THIS PARAGRAPH.
- Waiver and Release.
YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND
UNDERSTAND THAT LIVE HOME, BUILDING OWNER
AND ITS MANAGING AGENT ARE NOT AND SHALL NOT
BE LIABLE FOR ANY PHYSICAL INJURIES, DAMAGES,
ACTIONS, OR CAUSES OF ACTION WHATSOEVER TO
ANY PERSON OR PROPERTY ARISING OUT OF OR
CONNECTED PARTICIPATION IN ANY COMMUNITY
ACTIVITIES, INCLUDING WITHOUT LIMITATION FITNESS
CLASSES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, YOU, ON BEHALF OF YOURSELF
AND YOUR HEIRS, NEXT OF KIN, SPOUSE,
GUARDIANS, LEGAL REPRESENTATIVES, AGENTS,
EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND
ASSIGNS (COLLECTIVELY, THE “RELEASING PARTIES”),
AGREE THAT SUCH RELEASING PARTIES SHALL NOT
HAVE ANY RIGHT OR CAUSE OF ACTION, AND HEREBY
FULLY, FINALLY, AND FOREVER RELEASE, DISCHARGE,
AND ACQUIT LIVE HOME, BUILDING OWNER AND ITS
MANAGING AGENT AND THEIR RESPECTIVE PAST,
CURRENT, AND FUTURE MEMBERS, SHAREHOLDERS,
EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES,
PARENT ENTITIES, ATTORNEYS, PRINCIPALS,
TRUSTEES, REPRESENTATIVES, AGENTS, PARTNERS,
AFFILIATES, PREDECESSORS, SUCCESSORS,
OPERATING PARTNERSHIPS, GENERAL PARTNERS,
INSURERS, REINSURERS, AND ASSIGNS FROM ANY
AND ALL CLAIMS, SUITS, OBLIGATIONS, COSTS,
DAMAGES, LOSSES, CLAIMS FOR SUMS OF MONEY,
CONTRACTS, CONTROVERSIES, AGREEMENTS,
JUDGMENTS, AND DEMANDS WHATSOEVER, RIGHTS,
LIABILITIES, ACTIONS, AND CAUSES OF ACTION OF
ANY NATURE, KNOWN OR UNKNOWN, SUSPECTED OR
UNSUSPECTED, AT LAW OR IN EQUITY, FIXED OR
CONTINGENT, WHICH SUCH RELEASING PARTIES NOW
HAVE OR MAY CLAIM TO HAVE IN THE FUTURE
(COLLECTIVELY, “CLAIMS”) ARISING OUT OF, BASED
UPON, ATTRIBUTABLE TO, OR IN CONNECTION WITH
YOUR PARTICIPATION IN THE SESSIONS OR THIS
AGREEMENT. BUILDING OWNER AND ITS MANAGING
AGENT ARE THIRD PARTY BENEFICIARIES OF THIS
PARAGRAPH.
- Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT SHALL COMPANY BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY,
INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA,
BUSINESS INTERRUPTION OR ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF
OR RELATED TO YOUR USE OR INABILITY TO USE THE
COMPANY PROPERTIES, ANY COMPANY CONTENT,
ANY INFORMATION AVAILABLE ON THE SERVICE, OR
FROM ANY COMMUNICATIONS, INTERACTIONS OR
MEETINGS WITH THE HOME MANAGERS, HOWEVER
CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, TORT OR OTHERWISE) AND EVEN IF
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER
THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN
CASES INVOLVING PERSONAL INJURY) EXCEED THE
AMOUNTS PAID BY YOU TO COMPANY DURING THE
TWELVE (12) MONTH PERIOD IMMEDIATELY
PRECEDING THE EVENT(S) AND/OR OMISSION(S)
GIVING RISE TO SUCH DAMAGE. THE FOREGOING
LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED
REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Transactions Involving Alcohol.
Alcoholic beverages may only be purchased by and on
behalf of individuals who are at least twenty-one years old. If
you schedule any Task which requires your Home Manager
to purchase alcoholic beverages on your behalf, you
expressly represent and warrant that: (i) you are at least
twenty-one years old, and (ii) you will provide bona fide
identification showing your legal age to your Home Manager
prior to the purchase of any alcoholic beverages and, if
requested by your Home Manager, upon delivery.
- Keys.
In order to provide certain Tasks, such as house cleaning or
grocery delivery, our Home Manager’s will require access to
your residence. Upon registration or request, you agree to
provide your Home Manager with a set of keys to your
residence, along with any other information reasonably
required by your Home Manager, to perform the Tasks. The
Company takes reasonable measures to protect the security
of all keys provided by you to our Home Managers.
EXCEPT AS OTHERWISE STATED HEREIN, EXCLUDING
CASES OF GROSS NEGLIGENCE AND WILLFUL
MISCONDUCT, THE COMPANY HEREBY DISCLAIMS ALL
WARRANTIES, RESPONSIBILITY AND LIABILITY
ARISING FROM OR RELATED TO LOST KEYS, ANY
UNAUTHORIZED USE OR ACCESS TO YOUR KEYS OR
IMPROPER LOCKING OF RESIDENCES.
- Feedback.
If you provide Company with any feedback or suggestions
regarding the App, Tasks or Services (“Feedback”), you
hereby assign to Company all rights in the Feedback and
agree that Company shall have the right to use such
Feedback and related information in any manner it deems
appropriate without any right to any compensation.
Company will treat any Feedback you provide to Company
as non-confidential and non-proprietary. You agree that you
will not submit to Company any information or ideas that you
consider to be confidential or proprietary.
- Live Home in Partner Properties.
Live Home is operated by Live Home Technologies LLC and
may be offered as a gift to new or renewing residents. It is
not a permanent or required service of the building.
Resident agreements pertaining to Live Home are with Live
Home Technologies LLC, not with the building owner or
manager. Therefore, these services are outside the scope of
any rent stabilization rights or obligations.
-
Arbitration; Applicable Law.
PLEASE READ THIS ARBITRATION AGREEMENT
CAREFULLY. It is part of your contract with the Company
and affects your rights. It contains procedures for
MANDATORY BINDING ARBITRATION AND A CLASS
ACTION WAIVER.
- Except for a claim by Company against you, any
and all disputes between you and Company arising
under or related in any way to these Terms must be
resolved through binding arbitration as described in
this Section. This agreement to arbitrate is
intended to be interpreted broadly. It includes, but
is not limited to, all claims and disputes relating to
your use of the App.
- YOU AGREE THAT BY ENTERING INTO THIS
AGREEMENT, YOU AND COMPANY ARE EACH
WAIVING THE RIGHT TO TRIAL BY JURY OR TO
PARTICIPATE IN A CLASS ACTION. YOU AND
COMPANY AGREE THAT EACH MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN YOUR
OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. ANY ARBITRATION WILL TAKE
PLACE ON AN INDIVIDUAL BASIS; CLASS
ARBITRATIONS AND CLASS ACTIONS ARE NOT
PERMITTED.
- The arbitration will be governed by the United Arab
Emirates (UAE) Federal Law on Arbitration
(Federal Law No 6 of 2018), as modified by this
Section. For any claim where the total amount of
the award sought is $10,000 or less, UAE Courts,
you and Company must abide by the following
rules: (a) the arbitration shall be conducted solely
based on written submissions; and (b) the
arbitration shall not involve any personal
appearance by the parties or witnesses unless
otherwise mutually agreed by the parties. If the
claim exceeds $10,000, the right to a hearing will
be determined by the DIFC Court rules, and the
hearing (if any) must take at the Courts of the
Dubai International Financial Centre (“the DIFC
Courts”). The arbitrator’s ruling is binding and may
be entered as a judgment of the Courts of the
Dubai International Financial Centre (“the DIFC
Courts”). Claims of infringement or
misappropriation of Company’s patent, copyright,
trademark, or trade secret shall be exclusively
brought to the jurisdiction of the Courts of the
Dubai International Financial Centre (“the DIFC
Courts”).
- The laws of the United Arab Emirates, excluding its
conflicts of laws rules that would result in the laws
of the Emirate of Dubai, govern this license and
your use of the Service.
- Application Store Additional Terms and Conditions.
The following additional terms and conditions apply to you if
you are using an App from an App Store. To the extent the
other terms and conditions of these Terms are less
restrictive than, or otherwise conflict with, the terms and
conditions of this Section, the more restrictive or conflicting
terms and conditions in this Section apply, but solely with
respect to Apps from the App Store.
- Acknowledgement: Company and you
acknowledge that this Agreement is concluded
between Company and you only, and not with the
App Store, and Company, not the App Store, is
solely responsible for App and the content thereof.
To the extent this Agreement provides for usage
rules for App that are less restrictive than the
Usage Rules set forth for App in, or otherwise is in
conflict with, the Application Store Terms of
Service, the more restrictive or conflicting App
Store term applies, as applicable.
- Scope of License: The license granted to you for
App is limited to a non-transferable license to use
App on either an iOS or Android device that you
own or control and as permitted by the Usage
Rules.
- Maintenance and Support Company: is solely
responsible for providing any maintenance and
support services with respect to App, as specified
in these Terms (if any), or as required under
applicable law. Company and you acknowledge
that the App Store has no obligation whatsoever to
furnish any maintenance and support services with
respect to App.
- Warranty: Company is solely responsible for any
product warranties, whether express or implied by
law, to the extent not effectively disclaimed. In the
event of any failure of App to conform to any
applicable warranty, you may notify the App Store,
and the App Store may refund the purchase price
for App to you; and to the maximum extent
permitted by applicable law, the App Store will have
no other warranty obligation whatsoever with
respect to App, and any other claims, losses,
liabilities, damages, costs or expenses attributable
to any failure to conform to any warranty will be
Company’s sole responsibility.
5. Product Claims: Company and you acknowledge
that the App Store is not responsible for addressing
any claims of you or any third party relating to App
or your possession and/or use of App, including,
but not limited to: (i) product liability claims; (ii) any
claim that App fails to conform to any applicable
legal or regulatory requirement; and (iii) claims
arising under consumer protection or similar
legislation. This Agreement does not limit
Company’s liability to you beyond what is permitted
by applicable law.
- Intellectual Property Rights: Company and you
acknowledge that, in the event of any third party
claim that App or your possession and use of App
infringes that third party’s intellectual property
rights, Company, not the App Store, will be solely
responsible for the investigation, defense,
settlement and discharge of any such intellectual
property infringement claim.
- Developer Name and Address: Company’s contact
information for any end-user questions, complaints
or claims with respect to Company Properties
is hello@livehome.ai
- Third Party Terms of Agreement: You must comply
with applicable third party terms of agreement
when using App.
- Third Party Beneficiary: You agree that the App
Store (and its subsidiaries) is a third party
beneficiary of these Terms and will have the right to
enforce these Terms.
- Indemnification.
You agree to indemnify, defend, release, and hold harmless
Company, its partners, licensors, affiliates, contractors,
officers, directors, employees and agents (collectively, the
“Company Parties”) from all damages, losses and expenses
arising directly or indirectly from (a) any negligent acts,
omissions or willful misconduct by you, (b) your use of the
Company Properties, (c) any breach of these Terms by you,
and/or (d) your violation of any law or of any rights of any
third party.
The Company reserves the right, at its own cost, to assume
the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will
fully cooperate with the Company in asserting any available
defenses. You agree that the provisions in this section will
survive any termination of your Account, the Terms or your
access to the Company Properties.
- Release.
You hereby release the Company Parties and their
successors from claims to the extent permissible by
applicable law, of all demands, any and all losses, damages,
rights, and actions of any kind, including personal injuries,
death, and property damage, that is either directly or
indirectly related to or arises from your use of the Company
Properties, including but not limited to, any interactions with
or conduct of the Home Managers or third-party websites of
any kind arising in connection with or as a result of the
Terms or your use of the Company Properties.
- Equitable Remedies.
You hereby agree that if these Terms are not specifically
enforced, Company will be irreparably damaged, and
therefore you agree that Company shall be entitled, without
bond, other security, proof of damages, to appropriate
equitable remedies with respect to any of these Terms, in
addition to any other available remedies.
- Change to these Terms.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO
CHANGE BY COMPANY IN ITS SOLE DISCRETION AT
ANY TIME. When changes are made, Company will make a
new copy of the Terms of Use available at the Website and
within the App. We will also update the “Last Updated” date
at the bottom of these Terms. If we make any material
changes, and you have registered with us to create an
Account, we will also send an e-mail to you at the last e-mail
address you provided to us pursuant to the Terms. Any
changes to the Terms will be effective immediately for new
users of the Company Properties and will be effective thirty
(30) days after posting notice of such changes on the
Website or App for existing users, provided that any material
changes shall be effective for users who have an Account
with us upon the earlier of thirty (30) days after posting
notice of such changes within the Website or App or thirty
(30) days after dispatch of an e-mail notice of such changes
to users who have registered for an Account. Company may
require you to provide consent to the updated Terms in a
specified manner before further use of the Website, App,
Widget, and/or the Services is permitted. If you do not agree
to any change(s) after receiving a notice of such change(s),
you shall stop using the Company Properties; otherwise,
your continued use of the Company Properties constitutes
your acceptance of such change(s). PLEASE REGULARLY
CHECK THE WEBSITE AND APP TO VIEW THE THEN-
CURRENT TERMS.
-
Termination.
Company may cancel, suspend or block your use of the
Service without notice if there has been a violation of these
Terms. Your right to use the Service will end once your
registration is terminated, and any data you have stored on
the Service, unless Company is required to retain it by law.
You may terminate your registration at any time. Company is
not responsible or liable for any records or information that
is made unavailable to you as a result of your termination of
registration. YOU AGREE THAT COMPANY WILL NOT BE
LIABLE TO YOU OR ANY OTHER PARTY FOR ANY
TERMINATION OF YOUR ACCESS TO THE SERVICE. Any
limitations of liability that favor Company will survive the
expiration or termination of these Terms for any reason,
including Sections 9, 12, 16, 17 and 20. You can request to
have your keys either mailed back via certified mail at
approximately $4-$6 or have them securely destroyed. If no
one is available to sign for your keys upon their delivery
back to you and you are unable to retrieve them from your
local post office branch within the time allotted by Aramex,
they will be delivered back to our office and securely
destroyed at that time.
- Miscellaneous.
Company’s failure to enforce any provision of these Terms
shall not be deemed a waiver of such provision nor of the
right to enforce such provision. If any part of these Terms is
determined to be invalid or unenforceable pursuant to
applicable law, including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the
remainder of these Terms shall continue in effect. A printed
version of these Terms and of any notice given in electronic
form shall be admissible in judicial or administrative
proceedings based upon or relating to these Terms to the
same extent and subject to the same conditions as other
business documents and records originally generated and
maintained in printed form. All contracts completed
electronically will be deemed admissible for all legal
purposes to be in writing and legally enforceable as a
signed writing.
Last Updated: February 23, 2023