Terms of service

LAST UPDATED: 1/30/2024

HOMEBOOST TERMS OF SERVICE

These terms of service (“Terms”) govern your access and use of our website currently located at homeboost.com and successor website(s), our mobile application, and any products and services made available via our website or our mobile application (collectively, the “Services”).

Please read these Terms carefully before attempting to purchase or use any products or services via our website or application. These Terms constitute an agreement between you and HomeBoost, Inc. (“HomeBoost”). These Terms contain a binding individual arbitration and class action waiver provision in Section 11 (Binding Arbitration and Class Action Waiver) that affects your rights under these Terms with respect to any claim between you and HomeBoost and each of its current or former affiliates, including parents or subsidiaries, and any predecessor or successor entity to any of the foregoing. You have a right to opt out of the binding arbitration and class action waiver provisions as described in Section 11 (Binding Arbitration and Class Action Waiver). 

1. CHANGES 

We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. Your use of any of the Services following any changes to these Terms will constitute your acceptance of such changes. The “Last Updated” legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Services (including access to the Services via any third-party links) or offer opportunities to some or all the users of the Services.

1. INFORMATION YOU SUBMITTED VIA THE SERVICES 

For information about how we collect, use, and share information about users of the Services, please see our privacy policy https://homeboost.com/privacy-policy. 

1. REGISTRATION 

You may need to register to use all or part of the Services. We may reject or require that you change any username, password, or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential. You and not HomeBoost are responsible for any use or misuse of your username or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your username or password.

1. BoostBox – ORDERS, USE, AND RETURNS 

BoostBox – Orders

You may place an order for our BoostBox by completing the order and checkout process via our website or mobile application. Your placement of an order does not constitute our acceptance of your order. Our acceptance of your order will take place once we issue an acceptance notice to you. 

When you submit an order via our website or mobile application, you may be asked to supply certain relevant information, such as your debit or credit card number and its expiration date, your billing address, and your shipping information. You represent and warrant that you have the right to use the debit or credit card you provide via our website or mobile application. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating your purchase. Verification of information may be required prior to the acknowledgment or completion of any order. Further, you agree to pay all charges incurred by you or on your behalf through our website or mobile application. 

We reserve the right to decline and/or cancel any order for any reason, including legal and regulatory reasons, suspicion of fraud, suspicion of other security risk, or for no reason at all. In such circumstances, you agree that we incur no liability.

At this time, only customers with a billing and shipping address located in the United States may obtain a BoostBox from HomeBoost. We cannot ship to P.O Boxes, U.S. territories, or to addresses located outside of the United States. 

BoostBox – Components and Other Items Included

Each BoostBox consists of the following: a FLIR thermal camera, and a black light. Also, each BoostBox may come with (a) BoostBox use instructions, and (b) BoostBox specifications. 

BoostBox – Delivery

Delivery will be to the shipping address specified in your order. If no one is available at the address specified in your order at the time of delivery, your order will either be left in a specified safe place, rescheduled for shipment, or returned to depot or the post office for pickup by you. All estimated delivery times are for indicative purposes only, and we will not be liable to you for any delays. All BoostBox will be shipped by us FOB origin, so you are solely responsible for any damage while in transit once we ship the product(s) to you. 

We must be notified in writing of any changes or errors in your order prior to shipment by emailing us immediately at hello@homeboost.com. When an order has shipped, you cannot make any changes to your order. If you detect an error in your order after it has been shipped, please email us immediately at hello@homeboost.com for potential assistance. You may have to directly contact the shipping carrier once your order has shipped.

BoostBox – Use

Please refer to the instructions that come with each BoostBox. If you need additional assistance with respect to use of the BoostBox, please reach out by email, phone, or live chat. Our customer service representatives are available from 9AM to 5PM Pacific Time from Monday through Friday. 

BoostBox – Returns

You must return the BoostBox (including all components) sent to you by HomeBoost within 30 days of the date stamped on the BoostBox use instruction included with the BoostBox. If a component is missing or damaged, HomeBoost may charge the debit or credit card you provided to HomeBoost during the ordering process. 

1. CONNECTING WITH US AND OTHERS VIA THE SERVICES

Submissions

Users of or visitors to the Services may ask certain questions via the Services or make certain content, comments, or reactions (each, a “Submission”) through or in connection with the Services, including on any interactive parts of the Services. HomeBoost has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.

Restrictions

In connection with the Services, you must not do any of the below:

• Post, transmit, or otherwise make available through or in connection with the Services any materials that are or may be: (a) threatening, harassing, degrading, hateful, or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner.
• Post, transmit, or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is or is potentially harmful, or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment (each, a “Virus”).
• Use the Services for any commercial purpose or for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information about users of the Services.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Services except as expressly authorized herein, without HomeBoost’s express prior written consent.
• Reverse engineer, decompile, or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark, or other proprietary rights notice from the Services.
• Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without HomeBoost’s express prior written consent.
• Systematically download and store Services content.
• Circumvent or attempt to circumvent any technological protection measures intended to restrict access to or use of any portion of the Services or the functionality of the Services.
• Build a competitive product or service or copy any features or functions of the Services or any of HomeBoost’s other products or services. 
• Use any robot, spider, website search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather Services content or reproduce or circumvent the navigational structure or presentation of the Services, without HomeBoost’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Services’ root directory, HomeBoost grants to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. HomeBoost reserves the right to revoke such permission either generally or in specific cases, at any time and without notice. 

License

For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze, and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

You represent and warrant that you have all rights necessary to grant the licenses granted in this section and that your Submissions, and your provision thereof through and in connection with the Services, are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

1. THIRD-PARTY MATERIALS AND LINKS

Certain functionality related to the Services may make available access to information, products, services, and other materials made available by third parties, including Submissions (“Third-Party Materials”), or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third-Party Materials. We neither control nor endorse, nor are we responsible for, any Third-Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third-Party Materials, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in these Terms will be deemed to be a representation or warranty by HomeBoost with respect to any Third-Party Materials. We have no obligation to monitor Third-Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through our website at any time. In addition, the availability of any Third-Party Materials through our website does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship between you and any such provider.

1. WARRANTIES

Each BoostBox will meet, in all materials respects, the specifications applicable to each such BoostBox. If a BoostBox fails to meet its applicable Warranty Terms during its applicable Warranty Period and HomeBoost receives written notice from you of such failure during the Warranty Period, HomeBoost, at its sole discretion, will either repair or replace such BoostBox, provided, however, that (a) such failure is not due to your or a third party’s misuse or destruction of such BoostBox (or any of its components), and (b) you fulfill the complaint submission procedures set forth in the Warranty Terms. 

1. DISCLAIMER

EXCEPT AS SET FORTH IN SECTION 7, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. HOMEBOOST DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) ARISING FROM OR RELATED TO THESE TERMS, THE SERVICES, THE THIRD-PARTY INFRASTRUCTURE (AS DEFINED BELOW), AND THIRD-PARTY TRADEMARKS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, AND CONDITION OF TITLE. 

1. INDEMNIFICATION

You agree, at your sole expense, to defend, indemnify, and hold HomeBoost (and its directors, officers, employees, consultants, and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest, and disbursements) for (a) any actual or alleged breach of any of your obligations under these Terms; or (b) any death, injury, or property damage caused by, arising out of, resulting from, attributable to, or in any way incidental to your use of any of the Services.

1. LIMITATION OF LIABILITY

IN NO EVENT WILL HOMEBOOST BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS, THE SERVICES, THE BoostBox, THE THIRD-PARTY INFRASTRUCTURE, AND THIRD-PARTY TRADEMARKS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

HOMEBOOST’S ENTIRE LIABILITY TO YOU AND ANY OTHER INDIVIDUAL OR ENTITY, ARISING FROM OR RELATED TO THESE TERMS, THE SERVICES, THE BOOSTBOX, THE THIRD-PARTY INFRASTRUCTURE, AND THIRD-PARTY TRADEMARKS, WILL NOT EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO HOMEBOOST (IF ANY) DURING THE SUBSCRIPTION PERIOD WITHIN WHICH THE DAMAGES OCCURRED. FURTHER, NOTWITHSTANDING ANY TERMS TO THE CONTRARY IN THESE TERMS, HOMEBOOST WILL NOT BE LIABLE FOR ANY DISCLOSURE OF, UNAUTHORIZED USE OF, AND/OR UNAUTHORIZED ACCESS TO ANY DATA OR OTHER INFORMATION.

MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION 10 WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

1. ARBITRATION

Mandatory Arbitration

The terms and conditions of these Terms are governed by the laws of the United States (including federal arbitration law) and the State of California, without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of, or related to, these Terms or any aspect of the relationship between you and HomeBoost, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, (“Disputes”) will be resolved through final and binding individual arbitration before a neutral arbitrator instead of in a court by a judge or jury, and you agree that HomeBoost and you are each waiving the right to trial by a jury. Disputes include, without limitation, disputes arising out, of or relating to, interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. All such matters will be decided by an arbitrator and not by a court or judge.

Class Action Waiver

You and HomeBoost agree that each of us may bring claims against the other in an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. Further, if the parties’ Dispute is resolved through arbitration, neither the American Arbitration Association (“AAA”) nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 11 will be null and void.

Conducting Arbitration and Arbitration Rules

The arbitration will be administered by AAA under its consumer arbitration rules, as amended by these Terms. The consumer arbitration rules are available online at https://www.adr.org/sites/default/files/consumer%20rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the AAA or an arbitrator will determine the location. The arbitrator’s decision will follow the provisions of these Terms and will be final and binding. The arbitrator will have the authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you. 

Initial Dispute Resolution and Notification

You agree that before initiating any dispute or arbitration proceeding, we will attempt to negotiate an informal resolution of any dispute. To begin this process, before initiating any arbitration proceeding, you must send a notice of dispute (“Notice”) by certified mail to the attention of HomeBoost’s legal department [please add email address]. In the Notice, you must describe the nature and basis of the dispute and the relief you are seeking. If we are unable to resolve the dispute within 45 days after HomeBoost’s receipt of the notice, then you or HomeBoost may initiate arbitration proceedings as set out above.

1. MISCELLANEOUS

Assignment

You may not assign, delegate, or transfer (by sale, merger, operation of law, or otherwise) these Terms or any right, title, interest, or obligation hereunder without the prior written consent of HomeBoost. Any attempted or purported assignment, delegation, or transfer in violation of the foregoing will be null and void and without effect. HomeBoost may assign these Terms without your prior written consent. These Terms will be binding and inure to the benefit of such assignees, transferees, and other successors in the interest of the parties in the event of an assignment or other transfer made consistent with the provisions of these Terms.

Intellectual Property

We and our suppliers own the Services, which are protected by proprietary rights and laws. All trade names, trademarks, service marks, and logos used in connection with the Services not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any right or license to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner. Any unauthorized use of such materials may violate laws and regulations governing intellectual property.

Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available VIA THE SERVICES infringe your copyright, you (or your agent) may send to HOMEBOOST a written notice by mail or e-mail, requesting that HOMEBOOST remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to HOMEBOOST a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details, Notices, and counter-notices must be sent in writing to Hamlet Copyright Agent as follows: By mail to 1005 Northgate Drive #211, San Rafael, CA, 94903; or by e-mail to info@__homeboost.com______________. HOMEBOOST Copyright Agent’s phone number is 301-288-1108.

We suggest that you consult your legal adviser before filing a DMCA notice or counter-notice.

Third-Party Infrastructure

Notwithstanding any terms to the contrary in these Terms, you acknowledge and agree that HomeBoost uses a third-party hosting infrastructure in connection with the Services (“Third-Party Infrastructure”); the provider(s) of the Third-Party Infrastructure disclaim and make no representation or warranty with respect to such Third-Party Infrastructure; and HomeBoost assumes no liability for any claim that may arise with respect to such Third-Party Infrastructure.

Monitoring

We may (but have no obligation to) monitor, evaluate, alter, or remove Submissions before or after they appear on the Services, or analyze your access to or use of the Services. We may disclose information regarding your access to and use of the Services, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

Feedback

Notwithstanding any terms to the contrary in these Terms, any suggestions, comments, or other feedback provided by you to HomeBoost with respect to HomeBoost or the Services (collectively, “Feedback”) will constitute confidential information of HomeBoost. Further, HomeBoost will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. You hereby assign to HomeBoost all right, title, and interest you may have in and to the Feedback (including all intellectual property rights embodied in the Feedback).

Electronic Communications

You agree that we may communicate with you electronically regarding your use of any of the Service and that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us as set forth below (see the “Information or Complaints” section below).

Severability

If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

Entire Agreement & Precedence

These Terms (together with all terms incorporated into these Terms by reference) set forth the entire agreement and understanding of the parties relating to the subject matter of these Terms and supersedes all prior agreements or understanding with respect to such subject matter and all past dealing or industry custom.

1. APPLE-SPECIFIC TERMS

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of our mobile application (“App”) compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the App, including (a) any third-party product liability claims; (b) claims that the App fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection or similar legislation; and (d) claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to HomeBoost in accordance with the “Information or Complaints” section below. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, 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; notwithstanding the foregoing, HomeBoost’s right to enter into, rescind, or terminate any variation, waiver, or settlement under these Terms is not subject to the consent of any third party.

1. INFORMATION OR COMPLAINTS

If you have a question or complaint regarding the Services, please send an e-mail to hello@homeboost.com. You may also contact us by writing to 1005 Northgate Drive #211, San Rafael, CA, 94903 or by calling us at 301-288-1108. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.