Terms of Service

Please read these Terms of Service ("Terms") carefully before using the Service. These Terms constitute a legally binding agreement between you and the Company.

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use the Service.

Interpretation and Definitions

Interpretation

Words with initial capital letters have defined meanings under the following conditions. These definitions have the same meaning whether they appear in singular or plural.

Definitions

For the purposes of these Terms of Service:

• "Account" means a unique account created for you to access the Service. Honisto offers two account types: Business Accounts (for service providers using the dashboard) and Directory Accounts (for consumers browsing the directory).
• "Affiliate" means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
• "Company" (referred to as "the Company", "we", "us", or "our") refers to DevAppStudios LLC, doing business as Honisto.
• "Content" refers to any text, images, data, or other information that you post, upload, or otherwise make available through the Service, including but not limited to business profiles, menu items, images, invoices, estimates, review responses, and any other material you submit.
• "Device" means any device that can access the Service, such as a computer, mobile phone, or tablet.
• "Feedback" means feedback, suggestions, ideas, or recommendations you send to the Company regarding the attributes, performance, or features of the Service.
• "Free Trial" means a limited-time trial period during which you may access certain features of the Service at no charge.
• "Service" refers to the Honisto platform, including the dashboard application, the marketing website, and the public business directory.
• "Subscription" means a recurring paid plan that grants you access to the Service's features.
• "Terms" (also referred to as "Terms of Service") mean these Terms of Service that form the entire agreement between you and the Company regarding the use of the Service.
• "You" means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service.

Eligibility

The Service is currently available only to businesses operating within the United States. By creating an Account, you represent and warrant that your business operates in the United States. If we determine that your business operates outside of the United States, we may terminate your Account.

The Service is designed for business owners and is generally not intended for use by anyone under the age of 18. Users between the ages of 16 and 18 may use the Service with parental or guardian consent if they are operating or starting a legitimate business. We do not permit anyone under the age of 16 to use the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy, which describes our policies and procedures regarding the collection, use, and disclosure of your personal information.

License to Use the Service

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your internal business purposes. This license does not include the right to resell, redistribute, or make the Service available to any third party.

The Company reserves all rights not expressly granted to you under these Terms. This license will terminate automatically if you violate any of these Terms or if your Account is terminated for any reason.

User Accounts

When you create an Account, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in termination of your Account.

You are responsible for safeguarding your Account credentials and for any activities or actions that occur under your Account. You agree to notify us immediately upon becoming aware of any unauthorized use of your Account or any other breach of security.

You may not create an Account using the name or identity of another person or entity without proper authorization, or use a name that is offensive, vulgar, or obscene.

Business Authorization and Truthfulness

By creating a business listing on the Service, you represent and warrant that:

• You are the owner of the business or have explicit written authorization from the owner to create and manage the listing on their behalf.
• All information you provide about your business is truthful, accurate, and not misleading.
• You have the right to use and display all content you upload, including images, logos, and descriptions.
• You will keep your business information current and accurate at all times.

Listing a business on the Service without proper authorization from the business owner is strictly prohibited and will result in immediate termination of your Account.

We may, at our discretion, request documentation or proof to verify any claims you make regarding your business, including but not limited to ownership, certifications, licenses, or qualifications. Failure to provide satisfactory proof when requested may result in termination of your Account at our sole discretion.

Subscriptions and Billing

Certain features of the Service require a paid Subscription. Subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select.

Payment Processing

All payment processing is handled by our third-party payment processor, Stripe. By subscribing to a paid plan, you represent and warrant that you are authorized to use the payment method you provide. Using another person's or entity's payment method without their explicit consent is strictly prohibited and may result in immediate termination of your Account. Your payment information is collected and processed directly by Stripe and is governed by Stripe's Privacy Policy.

No Refunds

All fees are non-refundable. If you voluntarily cancel your Subscription, you will retain access to the Service until the end of your current billing period. No refunds or credits will be issued for partial billing periods.

Price Changes

We reserve the right to change our Subscription pricing at any time. We will provide reasonable advance notice of any price changes. Your continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.

Free Trial

We may offer a Free Trial for a limited period. Each user is entitled to one Free Trial only. Creating multiple accounts to obtain additional Free Trials is prohibited. We reserve the right to modify, shorten, or discontinue Free Trial offers at any time. If you are currently on a Free Trial and we reduce the trial period, we will provide you with advance notice. At the end of your Free Trial, you must subscribe to a paid plan to continue using the Service. If you do not subscribe, your access to paid features will be suspended.

Content

Your Responsibility

You are solely responsible for all Content you post, upload, or otherwise make available through the Service, including its legality, accuracy, reliability, and appropriateness. The Company does not verify, endorse, or assume responsibility for any Content posted by users.

Content License

By posting Content to the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute such Content on and through the Service. This license is necessary for us to operate the Service, including displaying your business profile on the public directory, generating QR codes that link to your pages, and delivering communications on your behalf.

You retain all ownership rights to your Content. You are responsible for protecting those rights.

Marketing License

You grant us permission to use your Content, including but not limited to images, menus, and business information, for our own marketing, promotional, and social media purposes to showcase the Service and increase your business's visibility. You may opt out of this marketing use at any time by contacting us in writing, and we will remove your Content from our marketing materials within a reasonable timeframe. This marketing license is separate from the display of your business profile on the directory, which is a core feature of the Service.

Content Restrictions

You may not post, upload, or transmit any Content that is:

• False, misleading, or misrepresentative of your business, services, or qualifications.
• Unlawful, or promoting unlawful activity.
• Defamatory, discriminatory, racist, hateful, or mean-spirited, including references or commentary targeting any individual or group based on race, religion, sexual orientation, gender, national or ethnic origin, disability, or other protected characteristics.
• Obscene, sexually explicit, or otherwise inappropriate.
• Spam, unsolicited advertising, or unauthorized promotional material.
• Containing or linking to viruses, malware, phishing sites, or other harmful components.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, or right of publicity.
• Impersonating any person or entity, including the Company or its representatives.
• Violating the privacy of any third person.

The Company reserves the right, but not the obligation, to review, edit, refuse, or remove any Content at its sole discretion. The Company may also limit or terminate your use of the Service if you post objectionable Content.

Public Directory and Business Profiles

When you create a business profile, your business information — including your business name, description, contact information, address, hours, industry, images, and review ratings — is published on the Honisto public directory. This public listing is a core feature of the Service and may be indexed by search engines.

You are solely responsible for the accuracy and completeness of your business profile at all times. The Company is not responsible for any consequences arising from inaccurate, outdated, or misleading information in your listing. If a consumer or any third party relies on information in your listing, any liability rests with you, not the Company.

Reviews and Ratings

The Service allows consumers to post reviews and ratings of businesses listed on the platform. The Company is not responsible for the content of consumer reviews. Reviews represent the opinions of the individuals who post them, and the Company merely provides the platform for those opinions to be expressed.

As a platform provider, the Company is protected under Section 230 of the Communications Decency Act and is not liable for user-generated content, including reviews. Any dispute regarding the content of a review is between you and the individual who posted the review. You acknowledge and agree that:

• The Company is not the author of any consumer review and bears no liability for the content, accuracy, or impact of any review on your business or reputation.
• You may request the removal of a review only if it contains discriminatory, racist, sexually explicit, or otherwise inappropriate content that violates these Terms.
• You do not have the right to request the removal or modification of a review simply because it is negative or because you disagree with its content.
• You may not pressure, coerce, or incentivize any person to alter or remove their review.
• If you believe a review constitutes defamation, the matter is between you and the reviewer. The Company is not obligated to remove any review unless required to do so by a valid court order.
• You agree not to bring any legal action against the Company based on the content of reviews posted by third parties on the Service.

If the Company receives a valid court order determining that a specific review constitutes defamation or is otherwise unlawful, the Company will comply with the court order and remove the review.

The Company reserves the right to remove reviews that it determines, in its sole discretion, to be fraudulent, fake, or part of a pattern of inauthentic activity. The Company may take action to protect the integrity of the review system, including removing reviews and suspending or terminating the accounts of reviewers who engage in such activity.

Your Client and Business Data

The Service provides tools for managing your clients, contractors, invoices, estimates, appointments, and other business data. You are the data controller for all personal data you enter into the Service about your clients, contractors, and business contacts. We process this data solely on your behalf.

You are solely responsible for:

• Ensuring you have proper authorization and consent to collect, store, and use the personal data of your clients, contractors, and contacts.
• Complying with all applicable local, state, and federal laws and regulations regarding how you obtain permission to contact individuals and collect their information, including anti-spam and telemarketing laws.
• Responding to any data access, correction, or deletion requests from your clients or contacts.
• The accuracy and legality of all data you enter into the Service.

Contractor Payment Tracking

The Service includes tools for tracking contractor payments. This feature is for informational record-keeping purposes only. The Company does not process, facilitate, or handle any financial transactions between you and your contractors. The Company is not a payment processor and assumes no liability for any payment disputes between you and your contractors.

Not Professional Advice

The Service provides tools to help you organize and facilitate your day-to-day business operations. The Service does not constitute and should not be relied upon as accounting, tax, legal, financial, or other professional advice. You should consult qualified professionals for such matters.

Communications

Communications from Us

By creating an Account, you agree to receive transactional and service-related communications from us, including but not limited to account notifications, subscription and billing notices, and system updates regarding new features and tools. These communications are a necessary part of the Service and are not promotional advertising.

Communications Sent on Your Behalf

The Service may send emails on your behalf to your clients and contacts, including invoice and estimate notifications, appointment confirmations and reminders, and review requests. You are solely responsible for the content and recipients of these communications. You must ensure that all recipients have consented to being contacted and that your use of these features complies with all applicable anti-spam laws and regulations, including the CAN-SPAM Act.

You may not use the Service to send unsolicited, harassing, or abusive communications. We reserve the right to suspend or limit your ability to send communications through the Service if we determine, in our sole discretion, that your use poses a risk to the integrity of our systems or violates these Terms.

Prohibited Activities

In addition to the content restrictions described above, the following activities are strictly prohibited and will result in immediate termination of your Account:

• Attempting to gain unauthorized access to other users' Accounts, data, or any part of the Service not intended for you.
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying technology of the Service.
• Using the Service for any illegal purpose or in violation of any applicable law or regulation.
• Posting or distributing links to malicious websites, phishing schemes, malware, or any other harmful content.
• Interfering with, disrupting, or attempting to compromise the security, integrity, or performance of the Service or its infrastructure.
• Using the Service to perform, solicit, or advertise unsolicited services to homeowners or consumers who have not requested them.
• Creating multiple Accounts to circumvent termination, obtain additional Free Trials, or evade any restrictions imposed by the Company.
• Engaging in fraudulent, deceptive, or predatory business practices through the Service.

Violation of any of the above will result in immediate termination of your Account without notice, without refund, and without access to any remaining Subscription period. Activities that compromise the security, integrity, or infrastructure of the Service may also result in legal action against you.

Responsible Disclosure

If you discover any vulnerability, bug, data exposure, or any information or functionality within the Service that you believe was not intended to be accessible to you, you agree to:

• Notify us immediately at support@honisto.com.
• Not disclose, share, or publicize the issue with any third party.
• Not access, copy, modify, or use any data or information that was not intended for you.
• Not exploit the vulnerability or issue in any way.

Use of Our Brand

You may reference Honisto in your marketing and social media materials (for example, "Find us on Honisto" or "Rated on Honisto") only with prior written consent from the Company and provided that your Account is in good standing with an active Subscription and no history of consumer complaints, fraud, or Terms violations.

We reserve the right to revoke this permission and prohibit your use of our name, logo, trademarks, or any other proprietary content at any time and for any reason. Upon revocation, or upon termination or cancellation of your Account, you must immediately cease all use of our brand.

You may not use our brand in any manner that suggests endorsement, affiliation, or sponsorship by the Company beyond your use of the Service, or in any way that could damage the reputation of the Company.

Copyright and Intellectual Property

Our Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Content

You represent and warrant that all Content you post to the Service is owned by you or that you have obtained all necessary rights and permissions to use and display it. You are solely responsible for ensuring your Content does not infringe on the intellectual property rights of any third party. The Company does not verify or monitor whether your Content infringes on the rights of others.

Copyright Disputes

If you believe that Content posted on the Service infringes your copyright or intellectual property rights, you may submit a complaint to us at legal@honisto.com. We will notify the party who posted the Content and may request documentation from both parties.

Copyright and intellectual property disputes are ultimately between the parties involved. While we may take action at our sole discretion, including removal of the disputed Content, the Company is not obligated to resolve such disputes and assumes no liability for their outcome.

Listing Ownership Disputes

If you believe another user has created a listing for a business you own, you may contact us at legal@honisto.com. We may request documentation from both parties and assess the information against publicly available records. We will take appropriate action at our sole discretion, which may include the removal of the disputed listing and termination of the offending Account.

Third-Party Integrations and Links

The Service may allow you to connect optional third-party services and may contain links to third-party websites or services not owned or controlled by the Company. Third-party integrations are governed by their respective terms and privacy policies.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party content, goods, or services.

Your Feedback

You assign all rights, title, and interest in any Feedback you provide to the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without restriction. Feedback does not include your Content or personal data.

Data Backups

While the Company takes measures to maintain the integrity of data stored through the Service, the Company does not guarantee that there will be no loss or corruption of data. You acknowledge that the Company has no liability related to the integrity of your Content or the failure to successfully restore data to a usable state.

You agree to maintain complete and accurate copies of your Content, business records, and any other important data in a location independent of the Service. You are responsible for keeping your own records.

Termination

Termination for Cause

We may terminate your Account immediately, without prior notice, if you breach these Terms, including but not limited to:

• Engaging in any prohibited activity described in these Terms.
• Posting Content that is fraudulent, discriminatory, racist, sexually explicit, or otherwise inappropriate.
• Receiving substantiated consumer reports of fraud, deception, or predatory business practices.
• Failing to provide proof of business ownership, qualifications, or other claims when requested.
• Operating a business outside of the United States in violation of eligibility requirements.

If your Account is terminated for cause, your access will be revoked immediately. You will forfeit any remaining Subscription period and will not receive any refund for unused time.

Termination Without Cause

The Company is a privately owned business and reserves the right to discontinue service to any Account at its sole discretion, even if no violation of these Terms has occurred. In the event of termination without cause, you will retain access to the Service until the end of your current billing period.

Voluntary Account Deletion

You may delete your Account at any time through the Account settings in the dashboard. You must cancel any active Subscription before deleting your Account. Upon deletion, all associated data is permanently and irreversibly deleted, as described in our Privacy Policy.

Terminated Accounts

Accounts terminated for cause may not re-register for the Service. The Company may retain identifying information from terminated accounts for security purposes and to enforce this restriction.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its Affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; (e) your violation of the rights of any third party, including intellectual property, privacy, or publicity rights; (f) any claim that your Content caused damage to a third party; or (g) any dispute between you and your clients, contractors, or any other third party.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever, including but not limited to damages for loss of profits, loss of data or other information, for business interruption, for personal injury, or loss of privacy arising out of or in any way related to the use of or inability to use the Service, even if the Company has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

The Company's total aggregate liability under these Terms shall not exceed the total amount you paid to the Company through the Service during the twelve (12) months preceding the event giving rise to the claim.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"As Is" and "As Available" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind, that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free, or that any errors or defects can or will be corrected.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. In such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Security

The Company maintains technical and organizational security measures designed to protect the Service and your data. We may restrict or limit access to the Service for security purposes, including but not limited to temporarily suspending access in response to suspicious activity or potential security threats.

Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond the Company's reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure outages, third-party service failures, power failures, cyberattacks, pandemics, or other events of force majeure. During such events, the Company's obligations under these Terms shall be suspended for the duration of the event.

Dispute Resolution

Informal Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company at legal@honisto.com.

Binding Arbitration

If the dispute cannot be resolved informally within thirty (30) days, any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of Ohio, United States, and the arbitrator's decision shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against the Company.

Limitation on Claims

Any claim or cause of action arising out of or related to your use of the Service must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

Governing Law

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

You represent and warrant that (i) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The "Last updated" date at the top of this page will always reflect the most current version. We may also provide notice of changes through the Service, such as a notification in your dashboard. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the Service.

Contact Us

If you have any questions about these Terms of Service, you can contact us by email at legal@honisto.com.