Terms and Conditions
Last updated: June 27, 2026
Please read these terms and conditions carefully before using Our Service. These Terms contain a binding arbitration agreement and a class action waiver (see "Dispute Resolution; Binding Arbitration; Class Action Waiver" below). They affect Your legal rights, including how disputes between You and the Company are resolved.
Interpretation and Definitions
Interpretation
The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Application means the software program provided by the Company downloaded by You on any electronic device, named Dwellable
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
- Content or User Content means any information, text, photographs, images, notes, documents, property details, inspection responses, messages, or other materials that You submit, upload, or input into the Service.
- Local Pros or Third-Party Providers means contractors, service providers, businesses, or other third parties that may be surfaced, listed, recommended, or referenced through the Service.
- 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.
- Account means a unique account created for You to access our Service or parts of our Service.
- Country refers to: United States. The governing law for disputes shall be the laws of the Commonwealth of Massachusetts.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Dwellable LLC.
- Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Service refers to the Application.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Subscription means a recurring payment for access to premium features within the Application, including monthly or annual plans.
- In-App Purchase means a one-time or recurring purchase made through the Application Store to access premium features within the Application.
- 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, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Not a Professional Home Inspection or Professional Advice
The Service is an informational and organizational tool. It is not a professional home inspection, and it is not a substitute for one. The Service, including its checklists, room-by-room questions, property summaries, reminders, articles, and AI assistant, does not constitute and should not be relied upon as professional advice of any kind, including without limitation home inspection, engineering, construction, structural, electrical, plumbing, HVAC, environmental, pest, legal, financial, insurance, real estate, or appraisal advice.
The Company is not a licensed home inspector, contractor, engineer, or other licensed professional, and no use of the Service creates an inspector-client, contractor-client, professional-client, fiduciary, or similar relationship between You and the Company. Any checklists or "inspection" features are self-guided tools to help You organize Your own observations; they are not a professional inspection and do not identify, and cannot be expected to identify, all defects, hazards, or conditions in a property.
Do not rely on the Service when buying, selling, financing, insuring, or making safety decisions about a property. Before making any such decision, or before performing or forgoing any repair, maintenance, or improvement, You should engage and rely on a qualified, licensed professional. You are solely responsible for any decisions You make and any actions You take or do not take based on the Service.
Important Safety Notice
Home maintenance, repair, and improvement activities can be dangerous and can involve risks including, without limitation, electrical shock, fire, gas leaks, carbon monoxide, falls, structural failure, water damage, mold, lead, asbestos, and exposure to hazardous materials. The Service may describe tasks that are not appropriate for You to perform yourself. You should not attempt any task that is beyond Your skill, training, or ability, and You should engage a qualified licensed professional for any work involving gas, electrical, structural, roofing, or other hazardous or regulated systems. In an emergency, or if You suspect an immediate hazard, stop and contact a qualified professional, your utility provider, or emergency services (such as 911 in the United States). You assume all risk arising from any action You take in connection with the Service.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You may create an account using Sign in with Apple or other third-party authentication services we support. When You use such services, Your use is also subject to the terms and policies of those third parties (e.g., Apple's terms of service). You are responsible for safeguarding Your credentials and for any activities or actions under Your account.
You agree not to disclose Your account credentials to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username or display name the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree that You will not, and will not permit any third party to:
- Use the Service in violation of any applicable law, regulation, or third-party right;
- Upload, submit, or transmit any Content that is unlawful, infringing, defamatory, harassing, obscene, or that You do not have the right to provide;
- Upload or transmit any viruses, malware, or other harmful code, or attempt to gain unauthorized access to the Service, other accounts, or the Company's systems;
- Reverse engineer, decompile, disassemble, scrape, or otherwise attempt to derive the source code of the Application, except to the extent such restriction is prohibited by applicable law;
- Use the Service, or any data or output from the Service, to build or train a competing product or service, or to develop a competing machine learning or artificial intelligence model;
- Interfere with, disrupt, or impose an unreasonable load on the Service or its infrastructure, or use any automated means to access the Service without Our permission;
- Misrepresent Your identity or affiliation, or use the Service for any fraudulent or deceptive purpose.
We may investigate and take any legally available action in response to unlawful or unauthorized use of the Service, including removing Content and suspending or terminating accounts.
User Content
The Service allows You to submit, upload, and store User Content, such as property details, photographs, notes, and inspection responses. You retain ownership of Your User Content. You are solely responsible for Your User Content and for ensuring You have all rights necessary to submit it.
By submitting User Content, You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (for example, to reformat or display), create derivative works of, and use Your User Content solely for the purposes of operating, providing, securing, maintaining, and improving the Service and as otherwise described in Our Privacy Policy. This license continues for as long as Your User Content is stored with Us and for a reasonable period thereafter, and survives to the extent necessary for backups, legal compliance, and the enforcement of Our rights.
You represent and warrant that You own or have the necessary rights and permissions to submit Your User Content and to grant the license above, and that Your User Content does not violate these Terms or any applicable law or third-party right. We are not obligated to store or retain Your User Content and may remove it in accordance with these Terms or Our policies. You are responsible for maintaining Your own copies of important information.
Intellectual Property
The Service and its original content (excluding User Content and Feedback), features, functionality, software, design, text, graphics, and the "Dwellable" name and logo are and will remain the exclusive property of the Company and its licensors, and are protected by copyright, trademark, and other laws. Subject to Your compliance with these Terms, the Company grants You a limited, personal, non-exclusive, non-transferable, revocable license to download and use the Application on a Device that You own or control, solely for Your personal, non-commercial use. Nothing in these Terms transfers to You any right, title, or interest in the Service except for the limited license expressly granted. You may not use the Company's trademarks without Our prior written consent.
In-App Purchases and Subscriptions
Certain features of the Service may require a paid Subscription or one-time In-App Purchase. Payment will be charged to Your Application Store account at confirmation of purchase.
Subscriptions: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You may manage and cancel Your subscriptions in Your Application Store account settings. No refunds are provided for partial subscription periods.
Refunds: Refund requests for In-App Purchases and Subscriptions are handled by the Application Store (Apple or Google) in accordance with their respective policies. The Company does not process refunds directly.
Price changes: We reserve the right to modify pricing or discontinue Subscriptions at any time. Price changes will not affect Your current subscription period.
AI Assistant
The Service may include an AI-powered assistant feature. Content generated by the AI assistant is produced by automated systems, including third-party artificial intelligence service providers, and is provided for general informational and organizational purposes only. AI-generated content may be inaccurate, incomplete, outdated, or inappropriate for Your specific situation, and may "hallucinate" or produce content that appears authoritative but is wrong.
AI-generated content does not constitute professional advice of any kind (including, without limitation, home inspection, engineering, construction, electrical, plumbing, structural, environmental, legal, financial, insurance, or real estate advice), and using the AI assistant does not create any professional-client relationship. The Company does not guarantee the accuracy, completeness, reliability, suitability, or safety of any AI-generated content, and does not endorse any product, contractor, or course of action that the assistant may mention.
You should independently verify any AI-generated content before relying on it, and You should consult a qualified licensed professional before performing or forgoing any task, repair, or decision—particularly anything involving safety, hazardous materials, or regulated systems. You use the AI assistant, and act on its output, at Your own risk. You agree not to submit others' personal information, or sensitive information such as passwords, government identifiers, or financial account details, into the AI assistant. Your use of the AI assistant is also subject to the "Not a Professional Home Inspection or Professional Advice" and "Important Safety Notice" sections above.
Local Pros, Contractors, and Third-Party Recommendations
The Service may surface, list, recommend, rate, or otherwise reference Local Pros and other Third-Party Providers (for example, contractors or local businesses), including information drawn from third-party sources such as business listings and reviews. The Company does not employ, control, endorse, vet, screen, background-check, license-verify, insure, or guarantee any Third-Party Provider, and any ratings, reviews, or descriptions are provided "as is" and may be inaccurate or out of date.
Any interaction, communication, hiring, contract, payment, or other dealing between You and a Third-Party Provider is solely between You and that Third-Party Provider. The Company is not a party to and is not responsible or liable for any such dealing, or for the acts, omissions, work quality, conduct, pricing, licensing, insurance, property damage, personal injury, or other harm caused by or related to any Third-Party Provider. Before engaging any Third-Party Provider, You are responsible for independently verifying their qualifications, licensing, insurance, references, and suitability. You release the Company from any and all claims, demands, and damages arising out of or in any way connected with Your dealings with any Third-Party Provider.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide 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, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Indemnification
To the maximum extent permitted by applicable law, You agree to defend, indemnify, and hold harmless the Company and its affiliates, and their respective officers, directors, members, employees, agents, licensors, and suppliers, from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your use or misuse of the Service; (b) Your User Content; (c) Your violation of these Terms or any applicable law or regulation; (d) Your violation of any right of a third party; (e) Your dealings with any Third-Party Provider; or (f) any decision You make or action You take or fail to take in reliance on the Service or any AI-generated content. The Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of such claims.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by You through the Service in the twelve (12) months preceding the event giving rise to the liability, or 100 USD.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, punitive, 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, property damage, loss of privacy arising out of or in any way related to the use of or inability to use the Service, reliance on any AI-generated content, dealings with any Third-Party Provider, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages, so some of the above limitations may not apply to You. In such jurisdictions, the Company's liability is 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.
Additional Terms for App Store Applications
The following additional terms apply if You download the Application from the Apple App Store. You acknowledge that these Terms are between You and the Company only, and not with Apple Inc. ("Apple"), and that Apple is not responsible for the Application or its content. Apple has no obligation to furnish any maintenance or support services for the Application. In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price (if any) for the Application; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Application. Apple is not responsible for addressing any claims by You or any third party relating to the Application, including product liability claims, claims that the Application fails to conform to any legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims of intellectual property infringement; such claims are governed solely by these Terms and applicable law. You represent that You are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and that You are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms, and that Apple has the right to enforce these Terms against You as a third-party beneficiary.
If You download the Application from the Google Play Store, Your use is additionally subject to the Google Play Terms of Service, and the Company, not Google, is solely responsible for the Application.
Governing Law and Venue
The laws of the Commonwealth of Massachusetts, United States, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws. Subject to the "Dispute Resolution; Binding Arbitration; Class Action Waiver" section below, You and the Company agree that any claim or dispute that is not subject to arbitration, or that may be brought in court, shall be brought exclusively in the state or federal courts located in Massachusetts, and You and the Company consent to the personal jurisdiction of and venue in those courts.
Dispute Resolution; Binding Arbitration; Class Action Waiver
Please read this section carefully. It affects Your legal rights, including Your right to file a lawsuit in court and to have a jury trial.
Informal resolution first. If You have a dispute with the Company, You agree to first contact Us at [email protected] and give Us at least thirty (30) days to resolve it informally before initiating arbitration or any other proceeding. You and the Company will use good-faith efforts to resolve the dispute.
Binding arbitration. Except for the disputes carved out below, You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (whether based in contract, tort, statute, or otherwise) shall be resolved by final and binding individual arbitration administered by a recognized arbitration provider (such as the American Arbitration Association) under its applicable consumer arbitration rules, rather than in court. The arbitration will be conducted in the English language. Judgment on the award may be entered in any court having jurisdiction. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court may decide whether the Class Action Waiver below is enforceable.
Federal Arbitration Act. This arbitration agreement is governed by the Federal Arbitration Act (FAA) and evidences a transaction involving interstate commerce.
Class action and jury trial waiver. To the maximum extent permitted by applicable law, You and the Company agree that each may bring claims against the other only in Your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding. You and the Company waive any right to a jury trial. If this Class Action Waiver is found to be unenforceable as to a particular claim, then that claim (and only that claim) shall be severed and may proceed in court, while all other claims remain in arbitration.
Exceptions (claims not subject to arbitration). Notwithstanding the above, either party may (a) bring an individual claim in a small claims court of competent jurisdiction, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property or other proprietary rights.
30-day right to opt out. You may opt out of this arbitration agreement (including the class action waiver) within thirty (30) days of first accepting these Terms by sending written notice to [email protected] with Your name, the email associated with Your account, and a clear statement that You wish to opt out of arbitration. Opting out will not affect any other provision of these Terms. If You opt out, the "Governing Law and Venue" section above governs any dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our 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 website and the Service.
Miscellaneous
Entire Agreement. These Terms, together with the Privacy Policy and any terms expressly incorporated by reference, constitute the entire agreement between You and the Company regarding the Service and supersede any prior agreements.
Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
No Waiver. The Company's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. The Company may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
Force Majeure. The Company will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, internet or utility failures, third-party service outages, or governmental actions.
Survival. Provisions that by their nature should survive termination will survive, including User Content licenses, intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.
Notices. We may provide notices to You via email, through the Application, or by posting on Our website. You may contact Us as set out below.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: [email protected]