Terms of Service

1. Acceptance of Terms

Welcome to HomeNest ("Company", "we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of our website, mobile applications, and property management services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access or use our Services. We reserve the right to modify these Terms at any time, and your continued use of the Services constitutes acceptance of such changes.

2. Description of Services

HomeNest provides comprehensive residential rental property management services, including but not limited to:

• Tenant Acquisition: Marketing properties, conducting showings, and screening applicants.
• Lease Administration: Preparation, execution, and enforcement of lease agreements.
• Financial Management: Rent collection, disbursement to owners, and financial reporting.
• Maintenance Coordination: Routine maintenance, emergency repairs, and vendor management.
• Legal Compliance: Assistance with fair housing laws, local regulations, and eviction proceedings.

3. Accounts & Registration

To access certain features of our platform, you may need to create an account. You represent and warrant that:

1. You are at least 18 years of age or have the legal capacity to enter into binding contracts.
2. You provide accurate, current, and complete information during registration.
3. You are responsible for maintaining the confidentiality of your account credentials.
4. You accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

4. Fees & Payments

Fees for our Services are outlined in your individual Property Management Agreement or the applicable pricing plan selected at the time of enrollment. Key fee structures include:

• Management Fee: A percentage of collected rent, as specified in your agreement.
• Leasing Fee: Charged for new tenant placements or lease renewals, if applicable.
• Late Payment Fees: Applied to rent payments received after the due date, as permitted by law and the lease.
• Maintenance Markups: Service fees for coordinating repairs, as disclosed in your agreement.

Payments must be made in a timely manner. Failure to pay management fees may result in suspension of services or legal action.

5. Owner Obligations

As a property owner, you agree to:

• Provide accurate property information and financial details.
• Maintain adequate property insurance coverage.
• Ensure the property complies with all applicable housing codes and regulations.
• Respond promptly to requests for approval for major repairs or expenditures.
• Authorize maintenance repairs within our specified timeframes to avoid liability for delays.

6. Tenant Obligations

Tenants accessing our portal agree to:

• Pay rent and fees on time as specified in the lease.
• Maintain the property in good condition and report issues promptly.
• Comply with all lease terms and community rules.
• Provide accurate information during the application process.
• Use the tenant portal only for authorized purposes.

7. Limitation of Liability

To the maximum extent permitted by law, HomeNest shall not be liable for:

• Indirect, incidental, consequential, or punitive damages.
• Loss of profits, revenue, or data.
• Damages resulting from unauthorized access, interruptions, or errors beyond our reasonable control.
• Actions or omissions of third-party vendors, tenants, or property owners.

Our total liability shall not exceed the management fees paid by you in the twelve (12) months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless HomeNest, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of:

• Your use of our Services.
• Your violation of these Terms.
• Your violation of any rights of another party.
• Negligence or willful misconduct by you or your tenants.

9. Intellectual Property

All content, features, and functionality of our Services, including text, graphics, logos, software, and design, are the exclusive property of HomeNest and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written consent.

10. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in Los Angeles, California. You waive any right to participate in class-action lawsuits or class-wide arbitration.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through a prominent notice on our website. Your continued use of the Services after such changes constitutes acceptance of the revised Terms.

12. Contact Information

If you have any questions about these Terms of Service, please contact us: