ZenHome Terms of Service Agreement

Welcome to ZenHome, the home maintenance and management platform that helps reduce the cognitive overhead of homeownership. This Terms of Service Agreement ("Agreement") outlines the terms and conditions governing your use of the ZenHome platform, including our website, mobile applications, and services.

1. Acceptance of Terms

By registering for a ZenHome account, accessing our platform, or using our services, you agree to be bound by this Agreement. If you do not agree to these terms, please do not use our services.

2. Service Description

ZenHome provides a platform that connects homeowners with home service professionals, helps organize home maintenance schedules, stores important home documents, and offers guidance on home maintenance and improvement projects. Our goal is to be fair, transparent, and honest with each user throughout their experience with our platform.

3. User Accounts

3.1 Registration

To access certain features of ZenHome, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify ZenHome immediately of any unauthorized access or use of your account.

4. Subscription Plans and Fees

4.1 Plan Options

ZenHome offers the following subscription plans:

• Free Plan: Basic features with limited functionality
• Gold Plan: Enhanced features for single-property owners
• Platinum Plan: Premium features with dedicated support for multi-property owners

4.2 Subscription Fees

Current subscription fees are displayed on our website and in our mobile applications. Fees are subject to change with 30 days' notice to current subscribers.

4.3 Billing

Subscription fees are billed in advance, either monthly or annually, based on your selected plan and billing cycle. By providing payment information, you authorize ZenHome to charge the applicable fees to your payment method.

4.4 Free Trial

We may offer free trials of our paid subscription plans. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial ends.

4.5 Refunds

Subscription fees are non-refundable except as required by law or as explicitly stated in this Agreement. ZenHome is not able to refund deposits or any amounts already paid to service professionals. However, ZenHome will do its best to make things right on a case-by-case basis if issues arise with service delivery. Each situation will be evaluated individually based on the specific circumstances.

4.6 Service Provider Selection and Pricing

Service providers set their own rates for services performed. ZenHome will seek out the best options for you based on price, availability, and professional qualifications to ensure you receive quality service at fair market rates. Our philosophy is simple: cheap work ain't great, and great work ain't cheap. We focus on connecting you with professionals who deliver quality work at a fair price rather than simply finding the lowest bidder. While we provide estimated cost ranges based on historical data, the final pricing will be determined in the work order before service begins.

4.7 Future Fee Changes

ZenHome reserves the right to introduce new fees or modify existing fees. All changes will be upfront and clear, with appropriate notice to users. New fees may include, but are not limited to:

• Premium features within subscription plans
• Transaction fees for certain services
• Fees for specialized professional services
• Convenience fees for expedited service

5. Service Provider Selection and Work Quality

5.1 Professional Vetting

ZenHome makes extensive efforts to vet service professionals in our network, including verification of:

• Required licenses and certifications
• Insurance coverage
• Business registration
• Customer reviews and ratings
• Work quality and history

ZenHome guarantees the quality and reliability of service professionals in our network. However, we cannot guarantee the availability of a specific professional or subcontractor on a particular day and time due to the dynamic nature of scheduling and demand.

5.2 Matching Process

ZenHome uses various factors to match homeowners with service professionals, including:

• Project requirements
• Professional qualifications
• Availability
• Location
• Past performance
• User preferences

5.3 Selection Authority and Changes

The final decision to hire a specific service professional rests solely with you, the homeowner. If you determine that you no longer want to work with a specific professional, it is your responsibility to notify ZenHome immediately. Please note that any payments already made to this professional for future work may not be returnable. Early notification helps us better manage service arrangements and find suitable alternatives when necessary.

6. Scope of Work and Materials

6.1 Project Definitions

ZenHome helps define project scopes based on information provided by homeowners and industry standards. However, the final scope of work is established directly between the homeowner and the service professional.

6.2 Materials

Materials used in projects may be:

• Provided by the service professional
• Purchased by the homeowner
• Recommended by ZenHome

ZenHome does not guarantee the quality or suitability of materials used in projects unless explicitly stated for specific products sold directly through our platform.

6.3 Work Guarantees and Warranties

All service professionals in ZenHome's network are required to provide a minimum 1-year warranty on their labor and any materials they install. Service professionals, not ZenHome, are responsible for honoring these warranties.

ZenHome will oversee warranty fulfillment at no additional cost to you. We coordinate with service professionals to ensure warranty obligations are met promptly and to your satisfaction. If a service professional fails to honor their warranty, ZenHome will work to find an alternative solution.

Additionally, ZenHome offers the following protections:

6.3.1 ZenHome Satisfaction Guarantee and Payment Process

For projects facilitated through ZenHome:

• ZenHome is responsible for paying service providers and will only do so after they have completed the job according to the agreement established prior to the work starting.
• As a user, you are responsible for immediately reporting any problems encountered during the service. This timely communication allows ZenHome to effectively mediate disputes, pause payment if necessary, and provide the service professional with an opportunity to meet your expectations as outlined in the agreed-upon quote, change order, or detailed scope of work signed prior to the work starting.
• ZenHome will side with the user if we determine that the user's dissatisfaction is reasonable. Our primary goal is to help you maintain your home without the cognitive overhead.
• While we are committed to supporting our users, we cannot allow misuse of our platform. If we determine that a user has provided false information or is acting in bad faith, the user's account may be terminated.
• For Gold and Platinum subscribers, we offer additional project protections as specified in your subscription plan.

6.3.2 Warranty and Guarantee Limitations

Our guarantees do not cover:

• Natural wear and tear
• Improper use or maintenance
• Damage caused by the homeowner or third parties
• Conditions existing prior to service
• Acts of nature or other circumstances beyond reasonable control

6.4 Mechanic's Liens and Payment Protection

To protect both homeowners and service professionals, ZenHome requires adherence to state mechanic's lien laws and payment protection procedures.

6.4.1 Lien Rights and Procedures

Service professionals retain their rights under applicable state mechanic's lien laws for unpaid work performed on your property. Lien rights, filing deadlines, notice requirements, and procedures vary by state and may include preliminary notices, lien filings, and foreclosure rights.

6.4.2 ZenHome's Payment Processing Protection

ZenHome's payment processing system is designed to minimize lien risks by:

• Holding payments until work completion and customer satisfaction
• Requiring proper documentation before releasing payments
• Facilitating dispute resolution before payment issues escalate
• Maintaining records of work completion and payment history

6.4.3 Customer Responsibilities

You agree to:

• Pay for completed work according to agreed-upon terms
• Report any work quality issues promptly to ZenHome
• Understand that unpaid amounts may result in lien filings against your property
• Comply with any state-required notices or lien procedures

6.4.4 State-Specific Requirements

Mechanic's lien laws vary significantly by state. You are responsible for understanding your state's specific requirements. ZenHome will provide available information about state-specific procedures upon request, but recommends consulting legal counsel for complex lien matters.

7. ZenHome's Responsibilities and Limitations

7.1 ZenHome's Responsibilities

ZenHome is responsible for:

• Maintaining the platform and its features
• Facilitating connections between homeowners and qualified service professionals
• Providing tools for project management and home maintenance
• Responding to customer service inquiries in a timely manner
• Mediating disputes between homeowners and service professionals
• Enforcing platform policies

7.2 Limitations of Liability and Service Commitments

While ZenHome is committed to quality service, certain limitations apply:

• ZenHome will hold service professionals accountable for the quality, timeliness, and completion of work by withholding final payment until work is satisfactorily completed according to the agreed-upon scope.
• If work is not completed properly, ZenHome will require the service professional to redo the work at no additional cost to you. If the service professional fails to do so, ZenHome may use the withheld payment to hire a new professional to properly complete the work.
• ZenHome will mediate disputes between homeowners and service professionals in good faith, with the goal of satisfactory resolution for all parties.
• ZenHome cannot guarantee the availability of specific service professionals at specific times.
• While we verify service professional credentials and require appropriate insurance coverage, ZenHome cannot be held liable for personal injury or property damage caused by service professionals beyond what is covered by their insurance policies.
• Our verification process for service professional credentials is thorough but has inherent limitations. ZenHome cannot guarantee the complete accuracy of all information provided by service professionals.

7.3 Indemnification

You agree to indemnify, defend, and hold harmless ZenHome and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses arising from your use of the platform or any violation of this Agreement.

8. User Responsibilities

8.1 Accurate Information

You agree to provide accurate, complete, and up-to-date information about your home, projects, and maintenance needs.

8.2 Professional Interaction

You agree to interact professionally and respectfully with service professionals connected through ZenHome.

8.3 Timely Communication

Timely communication is a shared responsibility between you and ZenHome. Both parties agree to respond promptly to communications regarding scheduled services, quotes, project details, and any issues that arise.

All communication with service professionals must be conducted through ZenHome's established channels. ZenHome will oversee all emails, phone calls, and other communications with service professionals to ensure quality service delivery and enable effective dispute resolution. Direct communication outside ZenHome channels is prohibited and may void platform protections.

This communication oversight is essential to maintain project quality, timelines, and your access to ZenHome's satisfaction guarantee. ZenHome will make every effort to keep you informed of important developments, and we ask that you do the same.

8.4 Access to Property

You are responsible for providing service professionals with reasonable access to your property as required to complete agreed-upon services.

8.5 Payment Obligations

You agree to pay ZenHome directly for completed work according to the payment terms agreed upon prior to the work starting, as outlined in the specific work order.

9. Intellectual Property

9.1 ZenHome Content

All content provided through the ZenHome platform, including text, graphics, logos, icons, images, audio, video, and software, is the property of ZenHome or its licensors and is protected by copyright, trademark, and other intellectual property laws.

9.2 User Content

When you submit content to ZenHome (including reviews, photos, project information, and comments), we will only use this information for internal purposes such as improving our services and your personal experience. We respect your privacy and will never publish, share, or distribute any of your photos, videos, or other personal content outside of the ZenHome platform without first obtaining your explicit consent. Your content remains yours, and our limited use is solely to help provide and improve the ZenHome service for you.

10. Dispute Resolution

10.1 Internal Resolution

For disputes related to ZenHome's services, please contact our customer support team first. We will make reasonable efforts to resolve the issue.

10.2 Arbitration

Any dispute arising from this Agreement that cannot be resolved internally shall be resolved through binding arbitration conducted in accordance with the American Arbitration Association's rules.

10.3 Class Action Waiver

You agree to resolve disputes with ZenHome on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

11. Termination

11.1 Termination by User

You may terminate your ZenHome account at any time by following the instructions in your account settings or by contacting customer support.

11.2 Termination by ZenHome

ZenHome may terminate or suspend your account and access to our services at our discretion, with or without notice, for conduct that violates this Agreement or for any other reason we deem appropriate.

12. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you in connection with our services.

13. Modifications to Terms

ZenHome reserves the right to modify this Agreement at any time. We will notify users of material changes through the platform or via email. Your continued use of ZenHome after such modifications constitutes your acceptance of the updated terms.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the State of Rhode Island, without regard to conflict of law provisions.

For users residing in Massachusetts, Massachusetts law shall apply. For users residing in Rhode Island, Rhode Island law shall apply. For users residing outside these states, Rhode Island law shall apply as the primary place of business for ZenHome.

15. Contact Information

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

Articulate, Inc. (dba ZenHome)
555 N Main St #1341
Providence, RI 02904
Email: support@zenhome.ai
Phone: (401) 407-5678

By using ZenHome, you acknowledge that you have read, understood, and agree to be bound by this Terms of Service Agreement.