Terms Of Service
Last Updated: April 2025
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND
A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION
SECTION BELOW, BEFORE USING THE PLATFORM.
THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE
OF THE PLATFORM AND SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
CAPITALIZED TERMS HAVE THE DEFINITIONS SET FORTH HEREIN. BY COMPLETING THE
REGISTRATION PROCESS, CREATING AN ACCOUNT OR ACCESSING OR USING ANY OF THE
PLATFORM AND/OR SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND
AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A
BINDING CONTRACT WITH HOMEAGENT, (3) THE INFORMATION YOU PROVIDED IN CONNECTION
WITH YOUR REGISTRATION FOR THE PLATFORM/SERVICES IS TRUE, ACCURATE AND
COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE
PERSONALLY OR ON BEHALF OF THE BUSINESS ENTITY YOU HAVE NAMED AS THE USER, AND
TO BIND THAT BUSINESS ENTITY TO THE AGREEMENT. CERTAIN PORTIONS OF THE PLATFORM
MAY BE SUBJECT TO �OPEN SOURCE� OR �FREE SOFTWARE LICENSES�. SUCH COMPONENTS
WILL BE GOVERNED BY THE TERMS OF THEIR RESPECTIVE TERMS OF USE AND NOT BY THESE
TERMS.
ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH
OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, AND AFFILIATE AGREEMENT (WHEREVER APPLICABLE)
(COLLECTIVELY THE �TERMS�), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR
THE BUSINESS ENTITY THAT YOU REPRESENT) AND HOMEAGENT. AND ITS RESPECTIVE
OFFICERS, DIRECTORS, BUSINESS AFFILIATES, SUCCESSORS AND ASSIGNS (HEREINAFTER
REFERRED TO AS �HOMEAGENT,� �WE� OR �US�) AND WILL GOVERN YOUR ACCESS TO AND
USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH HOMEAGENT RELATED TO THE
PLATFORM.
Homeagent reserves the right to make changes to these Terms
at any time. All changes are effective immediately when posted. Your continued
use of the Platform following the posting of any revised Terms constitutes your
acceptance and agreement to the updated Terms.
Homeagent is only providing the Platform for your business
use without any promise of exclusivity. Homeagent�s
customers, users, entrepreneurs, affiliate marketers, experts, and partners are
not Homeagent�s employees, contractors, or
representatives. Homeagent is not responsible for any interactions
between you and your customers, other than providing access to the Platform. Homeagent
is in no way liable for any disputes, claims, losses, injuries, or damages arising from your relationship with your customers,
including their reliance upon any information or content you provide. You agree
and acknowledge that you are responsible for implementing your own terms of
service to govern the relationship between you and your customers.
You should consult a lawyer for legal advice to ensure your
use of the Platform complies with these Terms and applicable law.
1. Use of Platform
1.1. Restrictions. You must be at least 18 years
old to use the Platform. By accepting these Terms, creating a Platform Account,
or using the Platform, you represent that you are at least 18 years old. You
may not use the Platform or the Services if You are an employee, partner, or
director of our Competitors or intend to gain access
to the Platform in order to compete with the Platform.
1.2 Platform Account Ownership. Your use of the Platform is
conditioned on your provision of complete, current, and accurate information
when registering for a Platform Account. The Platform is intended for business
use or in connection with an individual�s trade, craft, or profession. As the
individual who accepts these Terms, You are the owner
of the Platform Account unless You are acting on behalf of a business entity,
in which case, the business entity is the owner of the Platform Account. If You
accept these Terms on behalf of a business entity, You
represent and warrant that you have the authority to bind the business entity
to these terms. If multiple parties claim to be the �owner� of a particular
Platform account, Homeagent will deem the owner to be the person who can
demonstrate their ownership (in whole or in part) of the underlying business
entity for which the Platform Account was created by providing
government-issued documentation of such ownership. If Homeagent is unable to
determine the rightful owner of the Platform Account, Homeagent reserves the
right to suspend or terminate the Platform Account until the disputing parties
have mutually agreed on ownership or until a court has ordered Homeagent to
grant access to a specific individual.
1.3 Intended Use. You and your customers may use
the Platform only as intended for lawful purposes and in accordance with these
Terms. You agree that You and Your customers will not use the Platform in any
way that violates any applicable law or regulation or engage in any Prohibited
Uses. In addition, you represent and warrant that: (i) You and Your customers
will maintain in effect all licenses, permissions, authorizations, consents,
and permits necessary to carry out the obligations under these Terms; (ii) You
are fully responsible for your actions and the actions of your employees,
agents, and customers who use the Platform; (iii) You are fully responsible for
the use of the Platform by your customers; (iv) You, your employees, agents and
customers will not misrepresent the Platform or the Services; (v) You will
ensure that your employees with access to the Platform Account are bound by
these Terms, and you will require that your customers accept terms at least as
restrictive as these Terms; (vi) You own or control all rights in and to all
content you provide to Homeagent, including, but not limited to, any code
provided to customize the Platform for your customers; (vii) You, your
employees, and your customers will provide reasonable cooperation regarding
information requests from law enforcement, regulators, or telecommunication
provider; and (viii) You will not give access to the Platform or Services
to a direct Competitor of Homeagent, (ix) You will not directly or indirectly
reverse engineer, decompile, disassemble or otherwise attempt to uncover or
discover the source code, object code or underlying structure, ideas, know-how
or algorithms; (x) You will not modify, translate, or create derivative works
based on the Platform (except to the extent expressly permitted by us); and
(xi) You will not remove any proprietary notices or labels
1.4 Compliance: You will be solely responsible
for your use of the Platform and Services, including (a) the quality and
integrity of any data and other information, including Information, made
available to us by or for you through the use of the Platform, (b) securing and
maintaining proper insurance as required, and (c) compliance with all
applicable laws and regulations including but not limited to HIPAA and other
data privacy laws. Homeagent is not responsible for your compliance with laws
and does not represent that your use of the Platform will comply with any laws,
including but not limited to HIPAA, PCI, Gramm-Leach-Bliley Act, and other
similar laws and regulation.
1.5 Privacy. By using the Platform and
providing Information on or through the Platform, you consent to Homeagent�s use and disclosure of the Information in
accordance with the Privacy Policy available here and incorporated herein by reference. You agree that Homeagent
has no responsibility or liability for the deletion or failure to store any
Information or content maintained or transmitted on or through the Platform.
When you provide your customers with access to the Platform, you must implement
and enforce your own terms of service and Privacy Policy, providing the level
of protection at least equal to that provided to you by Homeagent. You must
obtain consent from your customers, affirmatively acknowledging that your
customers agree to be bound by your privacy policy. You represent and warrant
that you have provided, and will continue to provide, adequate notices and have
obtained, and will continue to obtain, the necessary permissions and consents
to provide your customers� data to us for use and disclosure in accordance with
these Terms and our Privacy Policy.
You may not use, resell, authorize or permit anyone to use,
or license or make available data you obtain from Homeagent.
1.6 Login Credentials. You are responsible for
maintaining the confidentiality of your Login Credentials. You are responsible
for all uses of your Platform Account and Login Credentials, whether
or not authorized by you. You agree to notify Homeagent immediately of
any unauthorized access to or use of your Platform Account or Login Credentials
or any other breach of security. Homeagent reserves the right to disable your
Login Credentials at any time in its sole discretion for any or no reason,
including if, in Homeagent�s opinion, you have
violated any provision of these Terms. Platform Accounts are non-transferable.
You are obligated to take preventative measures to prohibit unauthorized users
from accessing your Platform Account with your Login Credentials. You give consent
to Homeagent to access and monitor your Platform Account and your customer�s
accounts for support and security purposes, and/or to perform its obligations
under these Terms or to enforce these Terms.
1.7 Use of Communication Services. The Platform may include certain
communications features such as SMS, MMS, email, voice call capabilities and
other methods. If You use these features, You agree
that You are exclusively responsible for all communications sent using the
Platform, including compliance with all laws governing those communications
including but not limited to the Telephone Consumer Protection Act (�TCPA�),
the Do Not Call Registry Rules and the CAN-SPAM Act. You represent and warrant
that you understand and will comply with those laws. Homeagent is not
responsible for your compliance with laws and does not represent
that your use of the Platform will comply with any laws. Homeagent is a
technology platform communication service application provider ONLY. Homeagent
does not originate, send, or deliver any communications to any recipient via
SMS, MMS, email, or other communication method. You control the message,
timing, sending, fraud prevention, and call blocking. All communications,
whether SMS, MMS, email or otherwise, are created by and initiated by you
and/or your customers, whether generated by You or sent automatically via the
Platform at Your direction.
1.8 Third Party Services. You may choose to access certain
Third-Party Services through the Platform. You are responsible for enabling and
managing the integration of each Third-Party Service. You acknowledge that by
purchasing or integrating Third Party Services through the Platform, you grant
permission to Homeagent to share your data with the Third-Party Services
providers in order to facilitate the integration and
use of the Third Party Services through the Platform.
You also represent and warrant that You have the appropriate consents for
importing any data (including data of your customers) that you request Homeagent
to import from other Third-Party Services and/or are the rightful owner of such
data. Homeagent is not responsible for, and Homeagent hereby disclaims any
liability for, any act or omission of any Third-Party Services provider or the
operation of any Third-Party Services, including access to, modification of, or
deletion of data, regardless of whether Homeagent endorses, approves, promotes,
or supports any such Third-Party Services. You hereby irrevocably waive any
claim against Homeagent with respect to the content or operation of any
Third-Party Services. Your use of the Third-Party Services is governed by Your
agreement with such Third Party, including any supplemental policies imposed by
the Third Party. You are solely responsible for reviewing and complying with
any terms of use, privacy policies or other terms governing your use of these
Third-Party Services, which you use at your own risk. Homeagent disclaims all
liability related to outages or downtime of Third Party
Services.
Homeagent does not guarantee the interoperation,
integration, or support of any Third-Party Services nor give any
representation, warranty or endorsement, express or implied, with respect to
the legality, accuracy, quality, or authenticity of content, information, or
services provided by those Third-Party Services. Homeagent may, at any time, in
its sole discretion, modify the Platform or Services, which may impact
interoperation, integration, or support of Third-Party Services.
If you elect to pause or delete some or all
of your Platform Account, certain features, functionality, or Services,
including Third Party Services, may not be recoverable or retrievable upon
reactivation. If you pause some or all of your
Platform Account for more than thirty (30) days, and Homeagent is still
incurring costs on your behalf related to Third Party Services, Homeagent
reserves the right to delete some or all of your
Platform Account in its sole discretion, without liability to you.
1.9 Third Party Content. The Platform may include Third
Party Content. Your use of Third Party Content is
entirely at your own risk and discretion. All statements and opinions expressed
in Third Party Content are solely the opinions and the responsibility of the
third party and do not necessarily reflect the opinion of Homeagent. Homeagent
is not responsible for Third Party Content and makes no endorsements,
representations or warranties and assumes no liability, obligation or
responsibility for Third Party Content. You are responsible for ensuring that
your engagement or transactions with Third Party Content is
in compliance with these Terms and any applicable laws.
1.10 Excessive Use Restrictions;
Trials. Homeagent provides
access to the Platform on a tiered-pricing basis, and some tiers can process
more data with less impact on performance. We have no liability for the effect
that your excessive data use may have on performance. If, in Homeagent�s sole discretion, we determine that your data
use is excessive, abusive, or has a negative effect on the Platform in anyway,
we may (1) require that you upgrade your Services in order to continue your
activity levels if your data use exceeds the intended use of your existing
Platform tier or if Homeagent�s operational costs to
support your Platform usage exceeds the subscription price; (2) suspend or
terminate your use of the Platform or Services, and/or (3) reduce the amount of
data you are able to use.
Trial periods are not intended to be used consecutively. If
we discover that you are doing back-to-back trials to avoid paying a
subscription fee, then, without prejudice to any other remedies available under
law, Homeagent reserves the right to suspend or terminate your use of the
Platform or Services and further ban you from using the Platform or Services in
Homeagent�s sole discretion.
1.11 Platform Updates. Homeagent reserves the right to
make updates or changes to the Platform at any time, including changes that may
affect the previous mode of operation of the Platform. You agree that your use
of the Platform or purchase of Services is not contingent on Homeagent�s future delivery or release of any functionality
or feature, including but not limited to the continuation of a certain Service
or any Third-party Service.
1.12 Artificial Intelligence
Acceptable Use policy: Before using Artificial Intelligence (�AI�) features
of the Platform, you must ensure that you are in a jurisdiction that allows AI
usage. If you elect to use any AI-based features of
the Platform, you are responsible for ensuring that you are using our AI-based
features in compliance with our Artificial Intelligence Acceptable Use policy
which is attached hereto as Exhibit B.
1.13 Ecommerce Products and Services. You are solely responsible for
the Materials that you may sell through the Platform and/or Services (including
description, price, fees, tax that you calculate, defects, required legal
disclosures, regulatory compliance, offers or promotional content), including
compliance with any applicable laws or regulations. You acknowledge and agree
to provide public-facing contact information. Homeagent does not provide
refunds to your customers. Homeagent does not pre-screen Materials, and it is
in our sole discretion to refuse or remove any Materials from any part of the
Platform, including if Homeagent determines in its sole discretion that the
Materials that you offer through the Platform, or the Materials uploaded or
posted to the Platform, violate our Code of Conduct or these Terms. You agree
that Homeagent can, at any time, review and delete any or all
of the Materials submitted to the Platform and/or Services, although Homeagent
is not obligated to do so. You acknowledge and agree that the Platform and/or
Services are not a marketplace, and any contract of sale made through the
Platform and/or Services is directly between You and the customer. You are the
seller of record for all items you sell through the
Platform and/or Services. You are responsible for the creation and operation of
Your Materials, the goods and services that you may sell through the Platform
and/or Services, and all aspects of the transactions between You and Your
customer(s). This includes, but is not limited to, authorizing the charge to
the customer in respect of the customer�s purchase, refunds, returns,
fulfilling any sales or customer service, fraudulent transactions, required
legal disclosures, regulatory compliance, alleged or actual violation of applicable
laws (including but not limited to consumer protection laws in any jurisdiction
where you offer products or services for sale), or Your breach of these Terms.
You represent and warrant that Your Materials and the goods and services you
sell through the Platform and/or Services will be true, accurate, and complete,
and will not violate any applicable laws, regulations or rights of third
parties. For the avoidance of doubt, Homeagent will not be the seller or
merchant or record and will have no responsibility for Your items sold to
customers through the Platform and/or Services. Homeagent reserves the right to
provide our Services and/or Platform to Your competitors and make no promise of
exclusivity. You further acknowledge and agree that Homeagent employees and
contractors may also be Homeagent customers or merchants and that they may
compete with You. Homeagent is not responsible for
damages or lawsuits that arise if you break the law, breach this agreement or
go against the rights of a third party. You need to ensure that the terms &
conditions applicable to your transactions with your customers do not conflict
with these Terms.
2. Code of Conduct. You represent and warrant that,
when using the Platform, you will comply with the Code of Conduct set forth in
Exhibit A. Homeagent reserves the right to seek all remedies available to it in the event that You violate this Agreement, including the
Code of Conduct, up to and including termination of your Platform Account.
3. Payment
3.1 Fees and Auto-Renewal. You agree to provide us with
accurate and complete billing information (name, address, credit card
information, and phone number) and notify us of any changes within 10 days of
the change. Your use of the Platform is subject to the timely payment of your
Fees. Fees may include, but are not limited to:
subscription fees, Surcharges, add-on service fees, or other usage-based or
subscription-based Fees offered by Homeagent as incurred by you. Fee rates and
amounts may change from time to time. Fees for subscription services will be
billed in advance of Services on a monthly or annual basis, depending on your
subscription plan. Usage-based fees, including but not limited to Surcharges,
are calculated based on usage and will be billed monthly as separate line items
on your invoice. We will automatically charge the card on file when your Fees
become due.
3.2 Late Payments and Payment
Disputes. If, for any reason,
your credit card company declines or otherwise refuses to pay the amount owed
for the Services you have purchased, we will re-attempt to charge the card on
file for a period of 7 business days. If, after re-attempting to charge your
card, we are still unable to process the transaction, your Platform Account may
be force-canceled for non-payment in Homeagent�s sole
discretion. Additionally, we may require you to pay any overdue Fees and other
amounts incurred (including any third-party chargeback fees or penalties) by
other means acceptable to us. In the event legal action is necessary to collect
on balances due, you agree to reimburse us for all expenses incurred to recover
sums due, including attorney fees and other legal expenses. In
the event that you dispute any charges on your invoice, You must notify us in writing within thirty (30) days of the
invoice date. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute. Where
you are disputing any Fees or charges, you must act reasonably and in good
faith and cooperate diligently with us to resolve the dispute. All Homeagent
determinations regarding your obligation to pay invoiced Fees and charges are
final.
3.3 Cancellations. You may cancel your subscription
through your Platform Account, at any time. You are solely responsible for the
cancellation of Services associated with your account, and, subject to other
provisions of these Terms, you will be responsible for all Fees incurred until
such cancellation occurs. No refunds will be provided for your failure to
properly cancel the Services associated with your account.
4.0 Refunds
4.1 Nonrefundable Fees. All Fees assessed by Homeagent
are non-refundable, including subscription Fees, Surcharges, and Homeagent�s resale of Third Party
Services, regardless of whether you actually accessed
or used the Platform Account or Services during your subscription period. You
are solely responsible for any excess Fees incurred by You as
a result of an error or omission made by You or a third party. Homeagent
does not provide Fee refunds or credits for such errors or omissions, or for
partially used or unused Platform or Services subscriptions. Except as may be
required by law, Homeagent reserves the right to issue or deny a refund or
credit in its sole and absolute discretion, at any time, for any reason, and Homeagent�s determination of if and when
to issue or deny a refund or credit is final.
5. Intellectual Property
5.1 Platform Content. The Platform and Platform
Content are the property of Homeagent or its licensors and are protected by
copyright, trademark and other intellectual property laws, except as indicated
below. Platform Content does not include User Contribution(s), as defined
below. Homeagent grants you a personal, royalty-free, non-assignable,
revocable, and non-exclusive license to access and use the Platform Content
while using the Platform for the purpose of making the Platform available to
You and Your customers. Any other use, including the reproduction,
modification, distribution, transmission, republication, framing, display or
performance of Platform Content without prior permission of Homeagent is
strictly prohibited.
5.2 Homeagent Marks and
Advertisements. Homeagent�s
name, logo, or Marks (including but not limited to Homeagent, Vimana Labs) are
trademarks and service marks of Homeagent and may not be used without advance
written permission of Homeagent, including but not limited to as part of any
company name or domain name or in connection with any product or service that
is not provided by Homeagent, or in any manner that is likely to cause
confusion, or in any manner that disparages, discredits, or misrepresents Homeagent.
You may not remove any Homeagent Marks, name or logo or other proprietary
notices, including, without limitation, attribution information, credits, and
copyright notices that have been placed on or near the Platform or Platform
Content. Other products or company names mentioned on the Platform may be
trademarks or service marks of their respective owners. Third-party websites
may feature Homeagent Marks, with or without authorization, and such usage of Homeagent
Marks does not constitute or imply any approval, sponsorship, or endorsement by
Homeagent. You will not (i) make any unauthorized representations, warranties
or false, misleading or deceptive statements regarding Homeagent, its Platform
and Services (ii) include Homeagent or any of its Services or the Platform in
any of your comparative and/or marketing advertisements.
5.3 User Contributions. User Contributions are
considered non-confidential and non-proprietary. You grant Homeagent, our
service providers and each of their licensees, successors, and assigns the
right to use, reproduce, modify, perform, display, distribute, and otherwise
disclose User Contributions to third parties for the sole purpose of fulfilling
Homeagent�s obligations under these Terms. Homeagent
is not responsible or liable to any third party for the content or accuracy of
any User Contributions, nor do we endorse the User Contribution of third
parties. Homeagent is not responsible for any failure or delay in removing User
Contributions that violate the Terms. Homeagent reserves the right to delete or
otherwise remove any User Contributions we deem to be in violation of these
Terms, with or without notice, at any time, for any reason. You represent and
warrant that: (i) You own or control all rights in and to the User Contributions
and have the right to grant the license granted above; (ii) All of your User
Contributions comply with these Terms; and (iii) You understand and acknowledge
that you are responsible for the legality, reliability, accuracy and
appropriateness of your User Contribution.
5.4 Prohibited User Contributions. You are prohibited from posting
User Contributions on the Platform that: (i) Are unlawful, threatening,
abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of
another�s privacy, or includes graphic descriptions of sexual or violent
content; (ii) Victimize, harass, degrade, or intimidate an individual or group
of individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, disability, or otherwise; (iii) Infringe any patent, trademark,
trade secret, copyright, right of publicity, or other proprietary or
intellectual property right of any party; or (iv) Breach the security of,
compromise or otherwise allow access to secured, protected or inaccessible
areas of the Platform, or attempt to gain access to other networks or servers
via your Platform Account.
5.5 Feedback. If you provide Feedback, you
agree and acknowledge that your submission of Feedback is voluntary,
non-confidential, and gratuitous, and Homeagent and its affiliates have no
obligation to use the Feedback. You grant Homeagent and its designees a
perpetual, irrevocable, non-exclusive, fully-paid up
and royalty-free license to use any Feedback you submit to Homeagent without
restrictions or payment or other consideration of any kind, or permission or
notification to you or any third party. The license includes, without
limitation, the irrevocable right to reproduce, prepare derivative works,
combine with other works, alter, translate, distribute copies, display,
perform, license the Feedback, and all rights therein, in the name of Homeagent
or its designees throughout the universe in perpetuity in any
and all media now or hereafter known.
5.6 Feedback Waiver. You hereby irrevocably release
and forever discharge Homeagent from any and all
actions, causes of actions, claims, damages, liabilities and demands, whether
absolute or contingent and of any nature whatsoever, which you now have or
hereafter can, shall or may have against Homeagent with respect to the
Feedback, including without limitation how Homeagent directly or indirectly
uses the Feedback. You agree that you are responsible for the content of the
Feedback and further agree (at Homeagent's option and
at your sole expense) to defend, indemnify, and hold Homeagent harmless from
any and all actions, claims, and liabilities, demands, whether absolute or
contingent and of any nature whatsoever, damages, losses, costs, fees, fines or
expenses, including reasonable attorneys' fees, which Homeagent may incur as a
result of use of the Feedback in accordance with these Terms.
5.7 Copyright; Digital Millennium
Copyright Act. Homeagent is an
online service provider and is afforded safe harbor from copyright infringement
liability under the Digital Millennium Copyright Act under 17 U.S.C. � 512. If
you believe that Your copyrights have been infringed by a Homeagent user, or
that your intellectual property rights have been otherwise violated by a user
of our Platform, you should notify us of your infringement claim in accordance
with the procedure set forth below. You may submit a DMCA Takedown Request or a
DMCA Counter-Notice by sending an email (Subject line: �DMCA Takedown Request�)
with the properly formatted DMCA Takedown Request to privacy@homeagentai.com. If you include any personally identifiable information in
your DMCA Takedown Request or Counter-Notice, you consent to the disclosure of
that personally identifiable information when providing a copy of the Takedown
Notice of Counter-Notice to the intended recipient and/or their
representatives.
Upon receipt of a fully compliant DMCA Takedown Request, Homeagent
will notify and provide a copy of the DMCA Takedown Request to the alleged
infringer. Homeagent will make reasonable efforts to remove the allegedly
infringing content in a reasonable amount of time after receipt
of the fully compliant DMCA Takedown Request.
The alleged infringer may submit a DMCA Counter-Notice.
Upon receipt of a fully compliant DMCA Counter-Notice, Homeagent will send a
copy of the Counter-Notice to the original complaining party. Unless the
original complaining party files an action seeking a court order against the
content provider, member or user, the removed content may be reposted, or
access to it restored, in 10 business days or more after receipt of the
Counter-Notice, at Homeagent�s sole discretion.
To be effective, the notification must be in writing and
contain the information below. DMCA Takedown Requests or Counter-Notices that
do not comply with the following requirements will be rejected and not
processed:
For DMCA Takedown Requests:
- an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other intellectual
property interest;
- a description of the copyrighted work or other
intellectual property that you claim has been infringed;
- a description of where the material that you claim is
infringing is located on the Platform, with enough detail that we may locate it;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright or intellectual property
owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
For Counter-Notices:
- your physical or electronic signature;
- identification of the content that has been removed or to
which access has been disabled and the location at which the content appeared
before it was removed or disabled;
- a statement that you have a good-faith belief that the
content was removed or disabled as a result of mistake
or a misidentification of the content; and
- your name, address, telephone number, and email address,
and a statement that you will accept service of process from the person who
provided notification of the alleged infringement.
5.8 Usage Data. Homeagent may access, collect,
analyze, and use the data, information, or insights generated or derived from
the provision, use and performance of the Platform, the Service and related
software, programs, and technologies (�Usage Data�) in accordance with our Privacy
Policy. Homeagent owns all such Usage Data. If Homeagent desires to disclose
any Usage Data, then Homeagent will anonymize all Usage Data in such disclosure
and disclose such Usage Data in aggregate form only in a manner that does not
identify You or your customers and would not permit a third party to identify
You or your customers.
6. Disclaimers
Homeagent makes no guarantees that your business will be
profitable and that you will make money using the Platform or the Services.
Except as otherwise set forth in these Terms, Homeagent is not providing any
business opportunities with use of the Platform and/or Service.
THE PLATFORM IS PROVIDED ON AN �AS IS� AND �AS AVAILABLE�
BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. YOUR USE OF THE
PLATFORM IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM SUCH ACTIVITIES. YOU AGREE THAT HOMEAGENT HAS NO RESPONSIBILITY
OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR CONTENT
MAINTAINED OR TRANSMITTED ON OR THROUGH THE PLATFORM.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT
(A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE,
(D) CERTAIN FEATURES WILL BE ADDED TO THE PLATFORM, OR (E) THE QUALITY OF THE
PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR
DEFECTS.
YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS
PROVIDERS� NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE THAT HOMEAGENT
IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE
IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER�S NETWORK.
HOMEAGENT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS
EXECUTED THROUGH A THIRD PARTY OR THIRD PARTY
SERVICES, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT
SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS
PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE
PLATFORM FROM A THIRD PARTY OR THROUGH THIRD PARTY
SERVICES IS PROVIDED SOLELY BY SUCH THIRD PARTY.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE
THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR
WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD
WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO,
CHANGES IN THE PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED
SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON
THIS PLATFORM SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
BETA PRODUCTS OR EARLY RELEASE
PRODUCTS. FROM TIME TO TIME,
YOU MAY HAVE THE OPTION TO PARTICIPATE IN A PROGRAM WITH HOMEAGENT WHERE YOU
GET TO USE EARLY RELEASE OR BETA PRODUCTS, FEATURES OR DOCUMENTATION
(COLLECTIVELY, �BETA PRODUCTS�) OFFERED BY HOMEAGENT. THE BETA PRODUCTS ARE NOT
GENERALLY AVAILABLE AND ARE PROVIDED �AS IS� AND AS AVAILABLE EXCLUSIVE OF ANY
WARRANTY WHATSOEVER. HOMEAGENT DOES NOT PROVIDE ANY INDEMNITIES, SERVICE LEVEL
COMMITMENTS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE,
IN RELATION THERETO. YOU OR HOMEAGENT MAY TERMINATE YOUR ACCESS TO THE BETA
PRODUCTS AT ANY TIME.
7. Limitation of Liability,
Indemnification, and Mitigation
Your exclusive remedy and our entire liability, if any, for
any claims arising out of these Terms and your use of the Platform or the
Services shall be limited to the amount you paid us for Services purchased on
the Platform during the three (3) month period before the act giving rise to
the liability, provided however, this limitation will not apply to you if you
only use the free Services, and in this case, if Homeagent determines to have
any liability to you or any third party arising from your use of the free
Services, then Homeagent�s aggregate liability will
be limited to one hundred U.S. dollars.
IN NO EVENT SHALL HOMEAGENT BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR
THIRD PARTY SERVICES OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE
PLATFORM.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY
SERVICES OR DISRUPTIONS THEREOF, OR THIRD PARTY PROMISES AND/OR STATEMENTS
REGARDING OUR PLATFORM SERVICES OR CONTENT OR FOR TRANSACTIONS WITH THE THIRD
PARTY THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF
ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold Homeagent
harmless against all demands, claims, actions, proceedings, damages,
liabilities, losses, fees, costs or expenses (including without limitation
reasonable attorneys� fees and the costs of any investigation) directly or
indirectly arising from or in any way connected with your use of the
Platform (�Claims�), including, but not limited to: (a) our use of or
reliance on information or data supplied or to be supplied by you, your
employees, agents, or customers; (b) any breach of or default under these
Terms by you, your employees, agents, or customers; (c) the wrongful use
or possession of any Homeagent property by you, your employees, agents, or
customers; (d) any negligence, gross negligence or willful misconduct by you or
your employees, agents, or customers; (e) misrepresentations by you, your
employees, agents, or customers (f) violation(s) of applicable law by you, your
employees, agents, or customers, (g) your actions and the actions of your
employees, agents, or customers; (h) the acts or omissions of you, your
employees, agents, or customers in connection with providing notice and
obtaining consents regarding the origination or content of the SMS or MMS
messages, email or other communications using the Services, (i) Taxes and other
Fees and/or (j) any disputes between (1) you and other users (2) you and your
client(s) and/or (3) your customers.
If the Platform is found to violate any third-party
intellectual property right, at our option we may: (a) obtain the right for you
to continue to use the Platform as contemplated by these Terms; (b) modify or
replace the Platform, in whole or in part, to seek to make the Platform
non-infringing; or (c) require you to immediately cease any use of the
Platform.
8. Limitation On Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR
RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3)
MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS
OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION
OR CLAIM IS PERMANENTLY BARRED.
9. Injunctive Relief
You agree that a breach of these Terms will cause
irreparable injury to Homeagent for which monetary damages would not be an
adequate remedy, and Homeagent shall be entitled to seek equitable relief, in
addition to any remedies it may have hereunder or at law, without having to
post a bond or other security.
10. Waiver And Severability
No waiver by Homeagent of a term or condition set forth in
these Terms shall be deemed a continuing waiver of such term or condition or a
waiver of any other term or condition. Any failure of Homeagent to assert a
right or provision under these Terms shall not constitute a waiver of such
right or provision.
If any provision of these Terms is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal or unenforceable for
any reason, such provision shall be eliminated or limited to the minimum extent
such that the remaining provisions of the Terms of Service will continue in
full force and effect.
11. Change of Control
Homeagent may assign its rights under these Terms at any
time, without notice to you. You may not assign your rights under these Terms
without Homeagent�s prior written consent which may
be withheld at Homeagent�s sole discretion.
12. Entire Agreement
Except as noted below, these Terms constitute the sole and
entire agreement between you and Homeagent with respect to the Platform and
supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the
Platform. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is
signed by an authorized representative of Homeagent.
Homeagent may enter into a separate agreement with you. The
terms of any separate agreement between you and Homeagent will be considered a
part of your entire agreement with Homeagent. To the extent there is a conflict
between these Terms and the terms of your separate agreement with Homeagent,
your separate agreement with Homeagent will control.
13. Term and Termination. These Terms will remain in full
force and effect so long as you maintain a Platform Account. The sections of
these Terms that are intended to survive termination
of your Platform Account will remain binding even after you are no longer a
Platform user.
13.1 Grounds for Termination. You agree that Homeagent, in its
sole discretion, may suspend or terminate your access to the Platform (or any
part thereof) for any reason, with or without notice, and without any liability
to you or to any third party for any claims, damages, costs or losses resulting
therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Platform, and
reporting you to the proper authorities, if necessary. Homeagent reserves the
right to delete Platform Accounts that have remained inactive for ninety (90)
days or more.
13.2 No Right to Services Upon
Termination. Upon termination and
regardless of the reason(s) motivating such termination, your right to use the
Platform will immediately cease. Homeagent is not liable to you or any third
party for any claims for damages arising out of any termination or suspension
or any other actions taken by us with regards to your Platform access.
13.3 No Termination by Third Party
Users. Homeagent has
limited access to subscriptions not directly purchased from us. Any user who
has been given access to the Platform by any party other than Homeagent must
contact the party who originally provided access to the Platform for any
inquiries related to termination.
13.4 Force Majeure. In addition to any excuse
provided by applicable law, we shall be excused from liability for non-delivery
or delay in delivery of the Platform or any associated product or service
through the Platform arising from any event beyond our reasonable control,
whether or not foreseeable by either party, including but not limited to: labor
disturbance, war, fire, accident, adverse weather, inability to secure
transportation, governmental act or regulation, and other causes or events
beyond our reasonable control, whether or not similar to those which are
enumerated above.
14. Applicable Law, Binding
Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY
REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING
INDIVIDUAL ARBITRATION.
The laws of the State of California will govern these Terms
of Service and any disputes under them, without giving effect to any principles
of conflicts of laws. These Terms may be translated into different
languages�only the English version is valid and enforceable.
Any controversy or claim arising out of or relating to
these Terms shall be exclusively settled by arbitration administered by the
American Arbitration Association in accordance with Commercial Arbitration
Rules, then in effect. This arbitration provision is governed by the Federal
Arbitration Act. The arbitration proceedings shall be held in Orange County,
California. Any arbitration award may be entered in a court of competent
jurisdiction.
All claims and disputes within the scope of this
arbitration agreement must be arbitrated or litigated on an individual basis
and not on a class basis. Claims of more than one customer or user cannot be
arbitrated or litigated jointly or consolidated with those of any other
customer or user.
15. Communications and Contact
Information
All notices to a party shall be in
writing and shall be made via email. Notices to Homeagent must be sent to legal@Homeagentai.com. You agree to allow us to submit
notices to you either through the email address you provided when registering,
or to any address we have on record. Notices are effective on receipt.
Homeagent may contact you regarding these Terms using any
information you provide, or by any other means if you do not provide contact
Information. If you no longer wish to receive communications from Homeagent,
you can click on the �unsubscribe link� provided in such communications.
When you create a Platform Account, you must designate a
primary email address that will be used for receiving electronic communication
related to these Terms. Homeagent will never send you an email requesting
confidential information such as account numbers, usernames, or passwords, and
you should never respond to any email requesting such information. If you
receive such an email purportedly from Homeagent, do not respond to the email
and notify Homeagent at security@homeagentai.com.
16. Definitions
16.1 �Surcharges� means any applicable service or provider
fees or surcharges related to your use of the Platform.
16.2 �Competitor� shall include, but not be limited to, any
entity carrying on a business of marketing and sales platform, SaaS, any entity
offering one or more services offered by the Platform, or any entity carrying
on a business similar to the business of Vimana Labs
dba Homeagent. and its subsidiaries, as determined by Homeagent in its sole
discretion.
16.3 "Feedback� means ideas You provide to Homeagent
regarding improvements, enhancements, new features, new products, or other
concepts related to the Platform, Services, or other services, products,
matters related to Homeagent�s or its affiliates�
business. �Feedback� includes any ideas posted to Homeagent�s
ideaboard.
16.4 �Fees� means any fees associated with the Platform,
including but not limited to the monthly subscription services fee and any fees
associated with add-in Services that you may purchase.
16.5 "Homeagent Marks� means the Homeagent name and
related logos and service marks of Homeagent.
16.6 �Information� means data about You and Your customers
that Homeagent collects on the Platform, including but not limited to
information required to create a Platform Account and use the Platform for the
intended purpose.
16.7 �Login Credentials� means the username and password
used to access your Platform Account, including API keys and access to third
party integrations used with the Platform.
16.8 �Materials� means Your trademarks, copyright content,
any tangible products or services you sell through the Platform (including
description and price), and any photos, images, videos, graphics, written
content, audio files, code, information, or other data provided or made
available by you or your affiliates to Homeagent or its affiliates.
16.9 �Platform� means any Services, Training, content,
functionality, communication channels, and software or other services or
features offered to customers on or through Homeagent�s
website or mobile application.
16.10 �Platform Account� means the account you created in order to access and use the Platform.
16.11 �Platform Content� means content, data, features, and
functionality, including but not limited to text, graphics, videos, logos,
button icons, databases, music, sounds, images, or other material that can be
viewed on the Platform. Platform Content does not include User Contributions.
16.12 �Prohibited Uses� means the behaviors described in
Section 3.
16.13 �Services� means the variety of product integrations
and services that Homeagent makes available on the Platform. Services may
include Third Party Services.
16.14 �Sub-Account� means a subscription for one business
under a Platform Account.
16.15 �Third Party Content� means content, promotions or
offers provided by third parties or links to external third-party websites that
may be accessible on the Platform.
16.16 �Third Party Services� means third-party websites,
databases, networks, servers, information, software, programs, systems,
directories, applications, or products or services offered by a third party
through the Homeagent Platform. This includes but is not limited to
applications downloaded from the Homeagent Marketplace, integrations with third
party applications, or any functionality that is provided by a third party
through the Platform.
16.17 �Training� means any training, information or
suggested usages conveyed by Homeagent about the Platform.
16.18 �User Contributions� means content or materials that
you post, submit, upload, publish, display, or transmit on or through the
Platform or to Homeagent directly.
16.19 �You� or �you� or any derivatives thereof means the
individual who accepted the Terms or the business entity that the individual
represents. �You� also includes any and all agents,
employees, or third parties that are authorized to act on your behalf.
EXHIBIT A
CODE OF CONDUCT
The following are considered Prohibited Uses of the
Platform. Engaging in a Prohibited Use is a material breach of these Terms for
which Homeagent may immediately suspend or terminate your Platform Account in
accordance with these Terms:
- Use of the Platform in any way that violates any
applicable law or regulation.
- Use of the Platform in a country that prohibits or
restricts the use of Artificial Intelligence.
- Use of the Platform to exploit, harm, or attempt to
exploit or harm anyone in any way.
- Use of the Platform to send, receive, upload, download,
use, or re-use any material that does not comply with these Terms.
- Use of the Platform to transmit, or
procure the sending of any unlawful advertising or promotional material,
including any �junk mail,� �chain letter,� �spam,� or any other similar
solicitation.
- Impersonating or attempting to impersonate Homeagent, a Homeagent
employee, another user or any other person or entity (including, without
limitation, by using email addresses associated with any of the foregoing).
- Engaging in any other conduct that restricts or inhibits
anyone's use or enjoyment of the Platform
- Engaging in any conduct that may, as determined by Homeagent,
harm Platform users or Homeagent, or expose either to liability.
- Use of the Platform in any manner that could disable,
overburden, damage, or impair the Platform or interfere with any other party's
use of the Platform, including their ability to engage in real time activities
through the Platform.
- Use of any robot, spider or other automatic device,
process or means to access the Platform for any purpose, including monitoring
or copying any of the material on the Platform.
- Use of any manual process to monitor or copy any of the
material on the Platform or for any other unauthorized purpose without Homeagent�s prior written consent.
- Use of any device, software or routine that interferes
with the proper working of the Platform.
- Introducing any viruses, Trojan horses, worms, logic
bombs, or other material that is malicious or technologically harmful.
- Attempting to gain unauthorized access to, interfere
with, damage, or disrupt any parts of the Platform, the server on which the
Platform is stored, any server, computer, or database connected to the
Platform.
- Attacking the Platform via a denial-of-service attack or
a distributed denial-of-service attack.
- Otherwise attempting to interfere with the proper working
of the Platform.
- Child sexual exploitation or abuse content.
- Sexually explicit content.
- Generation of hateful,
harassing, or violent content.
- Abusive or fraudulent conduct.
- This includes but is not limited to:
- Promoting or facilitating the generation or distribution
of spam, fraudulent activities, scams, phishing, or malware;
- Compromising cybersecurity systems or gaining
unauthorized access to violate the integrity of any user, network, computer or
communications system, software application, or network or computing device;
- Violate any natural person�s rights, including privacy
rights as defined in applicable privacy law;
- Appropriating confidential or personal information;
- Impersonating a human by presenting results as human-generated;
- Engaging in disinformation campaigns;
- Astroturfing, or the generation of fake grassroots
support or fake review information;
- Plagiarize or engage in other forms of academic
dishonesty.
- Illegal or highly regulated goods or services content, or
other activity that has a high risk of economic or physical harm. This includes
but is not limited to:
- Engaging in any illegal activity;
- Providing instructions on how to commit or facilitate any
type of crime;
- Gambling;
- Payday lending;
- Cryptomining practices;
- Automatic determinations of eligibility for credit,
employment, educational institutions, or public assistance services;
- Providing unauthorized financial advice;
- Political campaigning or lobbying in violation of
campaign laws
EXHIBIT B
ARTIFICIAL INTELLIGENCE ACCEPTABLE USE POLICY
- AI features of the Platform may not be used in any manner
contrary to the relevant laws, regulations, and industry standards, including,
but not limited to, data protection and privacy regulations (e.g., GDPR, CCPA);
financial industry guidelines (e.g., PCI DSS); as a part of automated decision
making process with legal or similarly significant effects; or in violation of
any intellectual property rights or geographical restriction.
- AI features may not be used to discriminate against any
person or groups on grounds of religion, race, sexual orientation, gender,
national/ethnic origin, political beliefs. disability, health status, trade
union membership, age, criminal convictions or engage in any biased,
intimidating, defamatory, harassing, bullying or otherwise inappropriate
behaviors.
- AI features may not be used for generating individualized
advice that in the ordinary course of business would be provided by a licensed
professional including but not limited to medical, financial, tax, or legal
advice. You must disclose to your customers when they are interacting with an
AI-based voice or chatbot.
- All assets created through the use of
generative AI systems must be professional and respectful. You may not use
offensive or abusive language and may not engage in any behavior that could be
considered discriminatory, harassing, or biased when applying generative
techniques.
- You must take necessary steps to protect confidential and
sensitive information of your users and customers
- AI usage may not damage, disable, overburden, or impair
any websites or launches any automated system, including �robots,� �spiders,�
or �offline readers,� that sends more request messages to any servers in a given period of time than a
human can reasonably produce in the same period by using a conventional
browser.
- AI features may not be used to spread misinformation,
engage in malicious activities, or any other uses that could harm individuals
or society.
- AI features may not be used in any manner which is
prohibited by the Agreement or the Code of Conduct provided herein.