HomeFace — Terms of Service

1. Agreement to these Terms

By downloading, installing, or using the HomeFace application for iPhone, iPad, Apple TV, or Mac (the "App"), you agree to be bound by these Terms of Service (the "Terms") and the Privacy Policy (incorporated by reference). If you do not agree, do not install or use the App.

These Terms are between you and Hello Good Day LLC, a Florida limited liability company ("we," "us," or "Licensor"), operating under the brand "hellogoodday." Apple Inc. is not a party to these Terms (see Section 15, Apple-required terms).

2. What HomeFace is, and what it is not

2.1 What it is

HomeFace is a family dashboard meant to run on an always-on screen at home. It displays your calendar, reminders, photos, and weather, and lets your household keep groceries, notes, routines, chores, meal plans, countdowns, and kitchen timers in one place. With HomeFace Plus it can also stay on your Apple TV and Mac after a free trial, control your Apple Home devices from the dashboard, keep chore points and rewards, ring kitchen timers with your choice of sound, let you choose what the dashboard's header shows (even different on some days), show who is home, add, edit and delete events in your Apple Calendar, put photos on events, search, and alert household members when someone adds something, and scroll what's on your cards along the idle screens. Your data is stored on your devices and synced through your own private iCloud account (see the Privacy Policy for the short-lived records that pass through the app's public iCloud database).

2.2 What it is not

• Not a safety or emergency device. Do not rely on HomeFace to remind you of medication, medical appointments, childcare pickups, or anything where a missed alert could cause harm. The screen may be off, asleep, or out of sight. HomeFace's optional notifications (announcements and family activity alerts) are conveniences that may be delayed or not delivered, and HomeFace does not send reminders or alerts for calendar events.
• Not a safety timer. The kitchen timer is a convenience. Never leave cooking unattended because a timer is running, and do not use it for anything where timing is safety-critical. A timer's alarm or notification sounds only on the iPhone that started it, and only if that iPhone allows HomeFace's alarms or notifications; other screens chime only while HomeFace is open on them, and changes made on another device reach that iPhone only once they sync.
• Not a security system. The Smart Home card can control Apple Home devices, including locks and garage doors. Commands can fail or be delayed, and a shared dashboard can be used by anyone nearby, including children and guests. Do not rely on HomeFace to secure your home, and only show locks and doors on a dashboard in a place where that is appropriate. HomeFace is not a substitute for alarms, smoke detectors, or monitoring services.
• Not a source of authoritative information. Weather shown in the App comes from the U.S. National Weather Service (for places in the United States and its territories) and from Apple Weather (for places elsewhere, and whenever the National Weather Service is unavailable), is updated about once an hour, and may be incorrect or out of date. Do not rely on it for safety decisions.
• Not a copy of your calendar provider. Calendar events and reminders come from Apple's Calendar and Reminders on your iPhone or iPad. HomeFace shows a snapshot and may lag behind or miss changes; your calendar app remains the source of truth. If you add, edit or delete an event in HomeFace, the change is made in your Apple Calendar itself (and wherever that calendar syncs), just as if you had made it in the Calendar app; a deleted event cannot be restored by HomeFace.

3. License grant

Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on Apple-branded devices you own or control, solely for your own personal, non-commercial household use.

This license does not grant you any right to:

• Copy, modify, reverse-engineer, decompile, disassemble, or attempt to derive the App's source code, except to the extent expressly permitted by applicable law that cannot be waived
• Rent, lease, lend, sell, redistribute, sublicense, or commercially exploit the App
• Remove or alter any copyright, trademark, or proprietary notice
• Use the App to build a competing product
• Use the App for any unlawful purpose

4. Your responsibilities

4.1 Information about other people

You may enter information about members of your household, for example names for chores. Only enter information you have the right to share with the people who can see your dashboard, and respect the wishes of household members, including children, about what is displayed on a shared screen.

4.2 Shared screens

An always-on dashboard can be seen by anyone in the room, including guests. Your calendar events and reminders will be visible on it. Do not display anything you would not want visitors to see, and use the widget settings to remove cards you do not want shown. If you share your household with family members, they can see and change the shared information from their own devices, including photos anyone adds to the household or to events, and (with HomeFace Plus) they may get notifications naming what you add; only invite people you trust with it. Only add photos you have the right to share with your household. If you use a join code, share it only with the person you mean to invite and approve only people you recognise: a code expires after 10 minutes, but anyone who has it can ask to join until then. Joining a HomeFace household does not give anyone access to your Apple Home, which is managed separately in Apple's Home app.

4.3 Mounting, power, and heat

You are responsible for how and where you install the device running HomeFace. Mount it securely, keep cables out of reach of young children, keep the device ventilated and away from heat sources such as stoves and direct sunlight, and follow the manufacturer's charging and safety guidance. HomeFace reduces brightness and background activity when the operating system reports the device is running hot, but this cannot prevent overheating caused by the environment, the hardware, or its charger.

4.4 iCloud and backups

Sync depends on Apple's iCloud service and on your devices being signed in to the same iCloud account. We do not host your data and cannot restore it for you. Keep your devices signed in to iCloud and backed up if you want your HomeFace data preserved.

4.5 Device security

You are responsible for the security of your devices and your Apple ID. Anyone with access to a device running HomeFace, or to your iCloud account, can see and change your HomeFace data.

5. Fees

The App is free to download and use, with no advertising. An optional upgrade, HomeFace Plus, adds extra features (see § 5.1).

5.1 HomeFace Plus

• What Plus includes. As of this version, HomeFace Plus includes: (1) the HomeFace dashboard on Apple TV and Mac after the free trial below; (2) Smart Home on the dashboard (switching lights, groups, scenes and locks, and the thermostat and garage display); (3) Who's home and On my way (for people who choose to share their location); (4) adding, editing and deleting Apple Calendar events; (5) chore points, reward goals and progress (the chore list and checking chores off stay free); (6) custom kitchen-timer sounds (the default sound, and previewing the others, stay free); (7) choosing what the dashboard header shows, including different headers on some days of the week (the standard header stays free, and a saved header is kept if Plus ends); (8) family activity alerts; (9) search; (10) photos on events and meals; (11) more than one Reminders card (the first stays free); (12) extra widget styles; and (13) the idle-screen ticker, rows of what's on your cards scrolling along the photo frame and night clock (previewing it stays free). HomeFace on iPhone and iPad, and everything not listed here, stays free.
• Apple TV and Mac trial. On Apple TV and on the Mac, the dashboard is free for 14 days from the first time HomeFace is opened on that device. The trial is per device, and deleting and reinstalling the App does not restart it. After that the dashboard on that device needs HomeFace Plus in your household (or early-user access, below). Settings, leaving the household, and deleting your data always stay available, with or without Plus, and household announcements still show. HomeFace on iPhone and iPad has no such limit.
• Early users. Smart Home, chore points and rewards, and the Apple TV and Mac dashboard were free before version 1.1. They stay free, without Plus, for anyone who installed HomeFace before version 1.1, and for their household: a device qualifies if the App Store reports that HomeFace was first installed on it before version 1.1 (version 1.0, build 18 or earlier), or if HomeFace had already been set up on that device by an earlier version (including our TestFlight test builds up to build 18). A qualifying device marks its household, so everyone in that household, including its Apple TV and Mac, keeps these three features free too, even if that person later leaves. A device that leaves the household, or deletes its HomeFace data, keeps them only if it qualifies on its own. We check this on your device (see the Privacy Policy). This applies for as long as the App offers these features. All other Plus features, including custom timer sounds and the custom header, still need Plus.
• Plans. HomeFace Plus is offered as a monthly or yearly auto-renewing subscription, or as a one-time Lifetime purchase. Prices are shown in the App before you buy, in your local currency. The yearly subscription includes a 1-week free trial for Apple Accounts that are eligible under Apple's rules (generally, those that have not had a free trial of HomeFace Plus before); if you don't cancel at least 24 hours before the trial ends, the paid yearly subscription starts automatically and you are charged. The monthly subscription and Lifetime have no free trial.
• Payment. All purchases are processed by Apple. Payment is charged to your Apple Account at confirmation of purchase, under Apple's Media Services Terms and Conditions.
• Auto-renewal. Subscriptions renew automatically at the same price and length unless canceled at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period.
• Canceling. Manage or cancel a subscription at any time in your Apple Account settings (Settings › your name › Subscriptions), or from HomeFace › Settings › HomeFace Plus. Canceling stops future renewals; you keep Plus until the end of the period you paid for. We do not process refunds; refund requests go to Apple (reportaproblem.apple.com).
• Lifetime is a one-time purchase for the life of the App. It does not renew and is never charged again.
• Household sharing. One purchase unlocks Plus for everyone in the purchaser's HomeFace household (people who joined through the household's iCloud share, and the household's Apple TV and Mac), and for Apple Family Sharing members where Apple allows it. The other members lose Plus when the purchaser's subscription ends, is refunded, or the purchaser leaves the household or deletes their HomeFace data. The purchaser's device removes Plus from the household when it sees this happen; a subscription that simply lapses stops counting for the household at most three days after its paid period ends, to allow for renewals that are slow to sync.
• Changes. We may change which features are in Plus or its prices for future periods; Apple will notify you of any price increase as required, and you can cancel before it takes effect.

We do not promise that any particular feature will be added, kept, or supported in the future.

6. Intellectual property

6.1 Our IP

The App, including all software, code, design, branding, the "HomeFace" name, the "hellogoodday" mark, and arrangement of content, is owned by us or our licensors and protected by U.S. and international copyright, trademark, and other intellectual-property laws. We reserve all rights not expressly granted to you.

6.2 Your content

You keep all rights to the content you create in the App ("Your Content"). Your Content is stored on your devices and in your own private iCloud account, not on servers we control, so no license to us is needed to operate the App. (Announcements, family activity alerts and join requests pass briefly through the App's public iCloud database at Apple, as described in the Privacy Policy; we do not use them for anything except delivering them to your household.)

6.3 Feedback

If you send us feedback, suggestions, or ideas (for example through Settings → Send feedback, or by email), you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use them to operate and improve our apps, without any obligation to you.

6.4 Third-party services

The App relies on services provided by Apple, including iCloud, Calendar, Reminders, Photos, Apple Home, Apple Maps, Siri, and Apple Weather, and on the U.S. National Weather Service for weather in the United States. Your use of Apple's services is governed by Apple's terms, and we are not responsible for the availability or behavior of any of these services.

7. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

• THE APP WILL MEET YOUR REQUIREMENTS
• THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• DATA WILL SYNC BETWEEN DEVICES PROMPTLY, COMPLETELY, OR AT ALL
• CALENDAR EVENTS, REMINDERS, TIMERS, OR COUNTDOWNS WILL BE SHOWN ACCURATELY OR ON TIME
• ANY INFORMATIONAL CONTENT, INCLUDING WEATHER, IS CORRECT
• ANY SMART-HOME COMMAND WILL BE CARRIED OUT
• DEFECTS WILL BE CORRECTED

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES
• ANY LOSS OR HARM RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE APP
• ANY LOSS OR HARM RESULTING FROM A MISSED OR INACCURATE EVENT, REMINDER, TIMER, OR COUNTDOWN
• ANY LOSS OF DATA, INCLUDING DATA LOST THROUGH ICLOUD SYNC, SIGNING OUT OF ICLOUD, OR DELETING THE APP
• ANY DAMAGE TO DEVICES, PROPERTY, OR PERSONS ARISING FROM HOW OR WHERE A DEVICE RUNNING THE APP IS MOUNTED, POWERED, OR OPERATED

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE APP IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) US$10.

This limitation applies regardless of the legal theory (contract, tort, statute, or otherwise) and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages, so some of the above limitations may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold us harmless from any claim, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of:

• Your use of the App in violation of these Terms
• Your violation of any applicable law
• Content you enter into the App or display on a shared screen
• Your violation of any third party's rights

10. Termination

Either party may terminate this license at any time. You may terminate by uninstalling the App from all your devices. We may terminate or suspend access if you materially breach these Terms, if continued operation becomes impractical, or if required by law. Sections 4 (Responsibilities), 6 (IP), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 11 (Disputes), and any other provision that by its nature should survive will survive termination.

11. Dispute resolution

11.1 Informal resolution first

If you have a dispute with us, you agree to first attempt to resolve it informally by emailing hi@hellogoodday.com with a written description of the issue. We will attempt in good faith to resolve the dispute within 60 days.

11.2 Binding arbitration

If we cannot resolve the dispute informally, the dispute will be resolved by binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association (AAA), conducted in the State of Florida. Either party may seek emergency injunctive relief in court to protect intellectual property or confidential information.

11.3 Class-action waiver

You and we each agree that any dispute will be resolved only on an individual basis, and not as a class action, consolidated action, or representative action. The arbitrator has no authority to consolidate claims or conduct a class proceeding.

11.4 Right to opt out of arbitration

You may opt out of Sections 11.2 and 11.3 by emailing hi@hellogoodday.com with the subject line "Arbitration Opt-Out — HomeFace" within 30 days of first using the App. Opt-out does not affect any other provision of these Terms.

11.5 Small-claims exception

Nothing in this Section prevents either party from bringing an individual action in small-claims court for disputes within that court's jurisdiction.

12. Governing law and venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, and applicable U.S. federal law. Subject to Section 11 (Disputes), any action arising under these Terms that is not subject to arbitration must be brought exclusively in the state or federal courts located in Florida, and you consent to personal jurisdiction and venue there.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be indicated by an updated "Last updated" date at the top of this document. If you do not agree to the updated Terms, your sole remedy is to stop using and uninstall the App.

14. Miscellaneous

• Severability: If any provision is held unenforceable, the remainder will continue in full force, with the unenforceable provision modified only to the minimum extent necessary.
• No waiver: Our failure to enforce any right is not a waiver of that right.
• Assignment: You may not assign these Terms. We may assign them in connection with a sale, merger, or reorganization.
• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede any prior agreement.
• Headings: Headings are for convenience and do not affect interpretation.
• Force majeure: Neither party is liable for delay or failure caused by events beyond reasonable control.

15. Apple-required end-user terms

The following provisions are required by Apple Inc. for apps distributed through the Apple App Store. They apply to your use of the App on iOS, iPadOS, tvOS, or other Apple platforms.

1. Acknowledgement. You and we acknowledge that these Terms are between you and us only, and not with Apple. We, not Apple, are solely responsible for the App and its content.
2. Scope of license. The license granted in Section 3 is limited to use of the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
3. Maintenance and support. We, not Apple, are responsible for providing any maintenance and support services for the App. Apple has no obligation whatsoever to furnish any maintenance or support services for the App.
4. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
5. Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
6. Intellectual property rights. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such IP infringement claim.
7. Legal compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer name and address. Hello Good Day LLC, Florida, United States. Contact: hi@hellogoodday.com.
9. Third-party terms. You must comply with applicable third-party terms of agreement when using the App.
10. Third-party beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

16. Contact

Questions about these Terms: hi@hellogoodday.com — subject line "Terms — HomeFace" Privacy questions: see the Privacy Policy Postal address: Hello Good Day LLC, Florida, United States