Last Revised: April 15, 2026
This Terms of Service ("Terms") governs your use of and access to the HŌM mobile application and platform at https://www.thehomapp.com and related software, content, and services, including all versions and upgrades thereto (collectively, the "Website" or "Services"), provided by PropCents, Inc., doing business as HŌM ("HŌM," "we," "us," and "our").
PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
HŌM may, at its discretion, update these Terms at any time. You can access and review the most current version at this URL. HŌM reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice, and HŌM shall not be liable to you or any third party for any such modification or discontinuance.
PRIVACY POLICY
In addition to these Terms, the HŌM Privacy Policy at https://www.thehomapp.com/privacy-policy applies to how HŌM collects, uses, and processes information provided as part of the Services. By accessing or using the Services, you acknowledge that HŌM may collect and receive certain information about you, including personal data, and may use, disclose, store, share, and process such data in accordance with the Privacy Policy.
ACCOUNT REGISTRATION
To access certain features of the Services you must create an account. You agree to provide accurate and complete information and to keep your account information current. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify HŌM immediately at support@thehomapp.com if you become aware of any unauthorized access to your account. HŌM is not liable for any loss or damage arising from your failure to maintain the security of your credentials.
CONNECTED PROFESSIONALS
The Services may allow you to connect with a licensed real estate agent, mortgage loan officer, or other real estate or lending professional who uses HŌM Pro (each, a "Professional"). If you are connected to a Professional, that Professional may have access to certain information in your account as necessary to provide you with real estate or lending services. Your relationship with any connected Professional is separate from your relationship with HŌM. HŌM does not employ, endorse, or guarantee the services of any Professional, and is not responsible for any acts or omissions of any Professional.
TRADEMARKS AND CONTENT
Except as expressly permitted by these Terms, you may not use the HŌM brands, trademarks, service marks or logos that HŌM makes available on the Services ("Marks") or any text, graphics, user interfaces, visual interfaces, artwork, sounds, music or other information or content displayed on the Services (collectively with the Marks, the "Content"), including the "look and feel" of such Content. HŌM claims trademark protection over all Marks and you will not remove or alter the Marks or any proprietary notices on the Services. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name. You may not create any derivative works of the Marks or Content or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with HŌM. You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use will inure to HŌM's benefit.
PROPRIETARY RIGHTS
The Services provided to you hereunder and the Content available through the Services are licensed, not sold, and HŌM retains and reserves all rights not expressly granted in these Terms. You acknowledge and agree that, as between you and HŌM, HŌM and its licensors own all rights, title and interest (including all intellectual property rights) in the Services and all Content therein. The Services are protected by U.S. and international copyright and other intellectual property laws and treaties. HŌM reserves all rights not expressly granted to you in these Terms.
If you elect to provide or make available to HŌM any suggestions, comments, ideas, improvements or other feedback relating to the Services ("Feedback"), HŌM shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.
USER CONDUCT AND RESTRICTIONS
In your use of the Services, you will not:
use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services, except as expressly permitted under these Terms; reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Services; interfere with or disrupt the integrity or performance of the Services, including by disrupting the ability of any other person to use or enjoy the Services; access the Services for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Services; violate any applicable local, state, provincial, federal or international law or regulation, or use the Services for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights; remove or obscure any proprietary notice that appears within the Services; impersonate any person or entity, including HŌM personnel, or falsely state or otherwise misrepresent your affiliation with HŌM, or any other entity or person; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services; take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure; or use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Services or download, reproduce, or archive any substantial portion of the Services.
You will not upload, post, email, store, transmit, or otherwise make available any content that: is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable; may not be made available under any law or under contractual or fiduciary relationships; infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party; consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or commercial electronic messages; contains software viruses or any other code designed to interrupt, destroy or limit the functionality of any software or hardware; contains infringing, libelous, or otherwise unlawful or tortious material; or consists of information that you know or have reason to know is false or inaccurate.
HŌM's failure to enforce any of these restrictions shall not act as a waiver for any future enforcement, will not be considered a breach of these Terms by HŌM, and does not create a private right of action for any other party.
TEXT MESSAGING (SMS/MMS)
As part of the Services, HŌM may send you transactional SMS or MMS messages related to your account, app activity, service notifications, and customer support. By providing your mobile phone number and using the Services, you consent to receive such messages in accordance with our Privacy Policy and SMS Terms at https://www.thehomapp.com/sms-terms.
Message frequency varies based on your use of the Services. Message and data rates may apply. You may opt out at any time by replying STOP to any message. Reply HELP for assistance or contact us at support@thehomapp.com. Your consent to receive text messages is not a condition of using the Services.
FEES
The HŌM consumer app is currently provided to you free of charge. HŌM reserves the right to introduce fees for certain features in the future and will provide you with reasonable advance notice before doing so. Continued use of any paid feature after notice of a fee constitutes your agreement to pay that fee.
TERMINATION
You may stop using the Services and delete your account at any time through the account settings in the app or by contacting support@thehomapp.com. HŌM may suspend or terminate your access to the Services at any time, with or without notice, if HŌM reasonably believes you have violated these Terms or applicable law. Upon termination, your right to use the Services immediately ceases. HŌM may delete your account and associated data in accordance with its data retention practices and applicable law.
DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
The Services may include or provide access to third party products, services, content, or offerings, including advertising for such ("Third Party Services"). You acknowledge that different terms of use and privacy policies may apply to your use of such Third Party Services and that such terms and policies are solely between you and the advertiser or other third party. You agree that HŌM does not endorse and is not responsible or liable for any issues related to Third Party Services.
INDEMNIFICATION
You shall indemnify and hold HŌM and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, "HŌM Parties") harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys' fees, to the extent resulting from or arising out of any third party claim, demand, or action due to (a) content you provide to HŌM; (b) your violation of these Terms, any law or regulation, or any rights (including intellectual property rights) of another party; or (c) your use of the Services.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HŌM PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
HŌM PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.
ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL, FINANCIAL, REAL ESTATE, OR INVESTMENT ADVICE. HŌM IS NOT A REAL ESTATE BROKER, LENDER, OR FIDUCIARY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT BEFORE TAKING OR OMITTING ANY ACTION.
THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THESE TERMS (UNLESS SUCH LAW PROVIDES OTHERWISE).
LIMITATION OF LIABILITY
HŌM PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, OR COST OF COVER, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF HŌM PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL HŌM PARTIES' TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100.00).
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT HŌM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
GOVERNING LAW
These Terms shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Texas, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to these Terms, regardless of the states in which the parties do business or are incorporated. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
BINDING ARBITRATION AND CLASS ACTION WAIVER
ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA's rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
Notwithstanding anything to the contrary, HŌM may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this section.
If HŌM implements any material change to this section, such change shall not apply to any claim for which you provided written notice to HŌM before the implementation of the change.
LEGAL COMPLIANCE
You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws, rules and regulations, including without limitation, U.S. export laws and import and use laws of the country where the Services are delivered or used and you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.
CALIFORNIA USERS AND RESIDENTS
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
GENERAL PROVISIONS
These Terms constitute the entire agreement between you and HŌM concerning your access to and use of the Services and supersede all prior and contemporaneous oral or written negotiations and agreements between you and HŌM with respect to such subject matter. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. You may not assign or delegate any right or obligation under these Terms without the prior written consent of HŌM. The failure of HŌM to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms. Any prevention of or delay in performance by HŌM due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.
For questions about these Terms, contact us at support@thehomapp.com.