Terms of Service

01What these terms cover

These Terms of Service ("Terms") are an agreement between you and HomeX legal entity name ("HomeX", "we", "us"). They apply to HomeX HQ at app.homexhq.com, the HomeX Reps, HomeX Streets and HomeX Connect apps for iPhone, and the related websites and services (together, the "Apps").

The Apps are internal tools for people who work with HomeX: sales reps, leaders, managers and staff. You use them to see your production and pay information, log doors and deals, take part in competitions, complete training and manage your team.

Your working relationship with HomeX (for example an independent contractor agreement, employment agreement or compensation plan) is covered by your separate written agreement with HomeX (your "Work Agreement"). These Terms cover your use of the Apps. If the two conflict, your Work Agreement controls, except for Section 9 (Technology ownership), which applies whatever your Work Agreement says.

Our Privacy Policy explains how we handle personal information. By selecting "I agree" in the Apps, or by using the Apps, you accept these Terms.

02Who can use the apps

You may use the Apps only if:

• you are at least 18 years old;
• HomeX has invited you, or approved your registration, because you work with HomeX; and
• you are not barred by law, or by a prior decision of HomeX, from using them.

Self-registered accounts stay limited until a HomeX manager places you in the organization.

03Your account

• Keep it accurate. Give true information about yourself and keep it up to date.
• Keep it private. Don't share your password or sign-in codes, and don't let anyone else sign in as you. Sign out on shared devices.
• One person, one account. Each account belongs to one person. Don't create accounts for others or use someone else's.
• Tell us about problems. If you think someone has accessed your account, tell your manager or HomeX right away.

You are responsible for activity under your account. We may require you to reset your password, verify your identity or use extra security steps.

04Acceptable use

Use the Apps only for your HomeX work and only in lawful ways. You must not:

• scrape, crawl, bulk-download or copy data from the Apps by automated means, or access them other than through the screens and features we provide;
• share other reps' information (such as their production, pay, rankings or contact details) or homeowners' information with anyone outside HomeX, or use it for another company or for yourself;
• log doors, appointments, deals, hours or training you didn't do, or change records to affect rankings, competitions or pay;
• knock doors marked do-not-knock, ignore "No Soliciting" notices where the law requires you to honor them, or break local solicitation, permit, licensing, curfew or trespass rules;
• contact homeowners in ways the law doesn't allow, including calls or texts without the consent the law requires, or after they've asked you to stop;
• harass, threaten or discriminate against anyone, or post content that is unlawful, offensive or that you don't have the right to share;
• try to get around security, look at accounts or data you aren't authorized to see, probe or test the Apps for weaknesses, or interfere with how they work;
• upload viruses or other harmful code; or
• use the Apps in a way that puts you or others at risk, such as while driving.

05Data you enter

You will enter information in the Apps, including door knocks and notes, homeowner names, addresses and phone numbers, decision makers, appointment details and deal information. When you do:

• Be accurate. Record what actually happened.
• Record only what's needed. Keep notes professional and relevant to the sale. Don't record sensitive details such as Social Security numbers, bank or card numbers, health information or anything about children.
• Respect homeowners' privacy. Homeowner information belongs to HomeX's business records. Use it only for HomeX work, keep it inside the Apps, and don't copy it, export it or take it with you when you leave.
• Follow the law and HomeX policy, including privacy, telemarketing and do-not-call rules, and honor homeowners' requests not to be contacted.

Your profile photo, @handle and posts in the Apps (for example in competitions) will be visible to others at HomeX. You give HomeX permission to use and display that content inside the Apps and in HomeX's internal recognition, such as leaderboards and production reports. We won't use your photo in public advertising without asking you first.

06Competitions, leaderboards and incentives

• Each competition, contest, incentive trip or reward is governed by its own rules, as published in the Apps or by HomeX. If there are no specific rules, HomeX decides eligibility, scoring and winners reasonably and in good faith.
• HomeX may verify results, correct errors, and disqualify entries involving false logging, cancelled or charged-back deals or other breaches of these Terms. Where the law allows, HomeX may change or cancel a competition.
• No purchase or payment is necessary to enter or win where the law requires that.
• Prizes can't be transferred or exchanged for cash unless the rules say so. HomeX may substitute a prize of equal or greater value.
• You are responsible for any taxes on prizes and incentives. HomeX may need your tax information and may report prize values to tax authorities as the law requires.
• Leaderboards and rankings are informational. They can change as deals are verified, adjusted, cancelled or charged back.

07Pay and commission figures

The Apps may show commissions, pay lines, projections, pipeline value and other pay-related figures. These are for your information only. They are based on the data available at the time, may lag behind or differ from final numbers, and are not a pay stub, an offer, a promise or a guarantee of any amount.

Your official pay records and your Work Agreement control what you are owed and when. If something in the Apps looks wrong, tell your manager or HomeX so it can be checked against the official records. Earnings vary by individual effort, skill, market and other factors, and HomeX does not guarantee any level of income.

08Location and device features

HomeX Streets uses your device's location while you are using it, to show where you are on the map, log doors at the right address and track your shift in the field. On iPhone this uses the "While Using the App" permission. You can turn location off in your device settings, but mapping and door logging won't work without it. Push notifications are optional and can be turned off at any time. The Privacy Policy explains who can see this information.

09Technology ownership (“Aeuix Technology”)

• Aeuix owns the technology. The Apps are built, owned and operated by Aeuix LLC ("Aeuix") and licensed to HomeX. "Aeuix Technology" means the software, web and mobile apps, dashboards, databases and data models, integrations, automations, source and compiled code, interface designs, templates and documentation that make up the Apps, together with every update, copy and derivative of them. All rights in Aeuix Technology, including copyright, trade secrets and patent rights, belong to Aeuix alone. This is so even when HomeX requested a feature, paid for the work, supplied ideas or feedback, or the Apps run under a HomeX name, domain, app store listing or account.
• You get a license, not ownership. While HomeX authorizes you to use the Apps, you get a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use them for your HomeX work. HomeX's own right to use the Apps comes from its license from Aeuix. Neither you nor HomeX has any ownership rights in Aeuix Technology, and nothing in these Terms, a Work Agreement, an invoice or a course of dealing transfers ownership.
• What you can't do with it. You may not copy, modify, distribute, sell, rent or sublicense the Apps, reverse-engineer or decompile them (except where the law allows it), remove ownership notices, or use them to build a competing product.
• Feedback. If you share ideas or suggestions about the Apps, Aeuix and HomeX may use them freely, without any obligation to you.
• Data and brand stay where they belong. HomeX's business records, including sales, homeowner and pay data, remain HomeX's, even though they are stored in and displayed by Aeuix Technology; Aeuix handles them on HomeX's behalf as the Privacy Policy describes. HomeX's names, logos and trademarks belong to HomeX.
• Aeuix can enforce this section. Aeuix is an intended third-party beneficiary of this Section 9 and of Sections 13 and 14.

10iPhone apps and Apple

If you use HomeX Reps, HomeX Streets or HomeX Connect on an Apple device:

• These Terms are between you and HomeX (with Aeuix as licensor), not Apple. Apple is not responsible for the apps or their content.
• Your license lets you use the apps on Apple-branded devices you own or control, as allowed by the Usage Rules in Apple's Media Services Terms and Conditions.
• Apple has no obligation to provide maintenance or support for the apps.
• To the extent the law allows, Apple has no warranty obligation for the apps. Any claims about the apps, including product liability, legal or regulatory compliance, consumer protection and intellectual property claims, are for HomeX and Aeuix, not Apple, to handle.
• You confirm you are not located in a country subject to a U.S. government embargo and are not on a U.S. government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as they relate to the iPhone apps.

11Suspension and termination

HomeX may suspend or end your access to the Apps at any time, including when you stop working with HomeX, if you break these Terms, or to protect people, homeowners or data. Access also ends if HomeX's license to the Apps ends.

When your work with HomeX ends, your account is deactivated. You must stop using the Apps and must not keep copies of HomeX data or homeowner information. Some records, such as deals, pay history and your agreement to these Terms, are kept as the Privacy Policy describes. Sections 4, 5, 9 and 13 to 16 continue to apply after your access ends.

12Changes to the apps and these terms

We may change, add or remove features of the Apps. We may also update these Terms. When we make an important change, we'll tell you in the Apps and ask you to agree to the new version before you continue using them. The effective date at the top of this page shows which version is current.

13Disclaimers

The Apps are provided "as is" and "as available". To the fullest extent permitted by law, HomeX and Aeuix disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement.

We don't promise that the Apps will always be available, error-free or secure. Maps, territories, homeowner details, rankings and pay figures may be incomplete or wrong. Check important information against official records, and use your own judgment about safety in the field.

14Limitation of liability

To the fullest extent permitted by law, HomeX, Aeuix and their affiliates, officers, employees and licensors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data or business interruption, arising out of or relating to the Apps. Their total liability for any claim relating to the Apps is limited to one hundred U.S. dollars (US$100).

Some places don't allow these limits, so they may not all apply to you. Nothing in these Terms limits liability that can't be limited by law, or any right you have to be paid under your Work Agreement or under wage and hour laws.

To the extent the law allows, you are responsible for claims, losses and costs (including reasonable legal fees) that arise from your breach of these Terms or your violation of the law while using the Apps.

15Governing law and disputes

These Terms are governed by the laws of the State of governing state, without regard to its conflict-of-law rules. Any dispute about these Terms or the Apps will be resolved in the state or federal courts located in county and state, and you and HomeX agree to their jurisdiction. If your Work Agreement has a dispute resolution or arbitration clause, that clause applies to disputes under these Terms too.

16General

• These Terms, the Privacy Policy and your Work Agreement are the whole agreement about your use of the Apps.
• If part of these Terms can't be enforced, the rest still applies.
• If we don't enforce a right right away, we haven't waived it.
• You may not transfer these Terms. HomeX may transfer them, for example as part of a reorganization or sale of its business.
• We may send you notices electronically, including in the Apps and by email.

17Contact

Questions about these Terms? Ask your manager, or contact HomeX:

HomeX legal entity name
Mailing address
HomeX support email