Last Updated: September 16, 2026
PLEASE READ THESE TERMS CAREFULLY. SECTION 27 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. UNLESS YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 27.9, YOU AGREE TO RESOLVE DISPUTES WITH US BY INDIVIDUAL BINDING ARBITRATION AND TO GIVE UP YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION.
HOUSE.AI IS NOT A LENDER, MORTGAGE BROKER, MORTGAGE LOAN ORIGINATOR, CREDIT COUNSELOR, INVESTMENT ADVISER, ACCOUNTANT, OR LAW FIRM. BUYING POWER ESTIMATES AND OTHER OUTPUTS OF THE SERVICES ARE EDUCATIONAL ESTIMATES ONLY. THEY ARE NOT LOAN APPROVALS, PREAPPROVALS, PREQUALIFICATIONS, COMMITMENTS TO LEND, RATE LOCKS, OFFERS OF CREDIT, APPRAISALS, OR GUARANTEES OF ANY KIND.
These Terms of Service (the “Terms”) form a binding legal agreement between you (“you” or “your”) and House.AI, LLC, a Texas limited liability company (“House.AI,” “we,” “us,” or “our”), and govern your access to and use of the House.AI website located at https://house.ai and any successor or affiliated sites, our mobile applications, and all related content, tools, estimates, dashboards, communications, and services we make available (collectively, the “Services”).
By accessing or using the Services, creating an account, checking a box indicating your agreement, submitting information through any form on the Services, or otherwise indicating your assent, you agree to these Terms and to our Privacy Policy, which is incorporated into these Terms by reference and available at https://house.ai/privacy. If you do not agree to these Terms, do not access or use the Services.
Certain features of the Services may be subject to additional terms, disclosures, authorizations, or consents that we present to you at the time you use those features (each, a “Supplemental Term”), including any credit report authorization, financial account connection authorization, referral consent, e-signature disclosure, or paid subscription terms. Supplemental Terms are incorporated into these Terms. If a Supplemental Term conflicts with these Terms, the Supplemental Term controls for that feature only.
House.AI, LLC is a Texas limited liability company with its principal place of business at 45 W. Buchanan Street, Phoenix, Arizona 85003. House.AI is a licensed real estate brokerage in the jurisdictions identified in Section 5.
You may contact us at support@house.ai, by telephone at 855-981-7557, or by mail at the address above. Additional contact information appears in Section 33.
You must be at least 18 years of age, a resident of the United States, and legally able to enter into a binding contract to use the Services. The Services are not directed to children, and we do not knowingly collect personal information from anyone under 18. If we learn that we have collected information from a person under 18, we will delete it.
Certain features are available only to residents of jurisdictions in which House.AI holds an active real estate broker license or is otherwise permitted to operate. We may decline to provide, or may limit, any feature of the Services in any jurisdiction, at any time, in our sole discretion.
You may not use the Services if you are barred from doing so under applicable law, if you have previously been suspended or removed from the Services, or if you are on any U.S. government list of prohibited or restricted parties.
The Services are designed to help consumers understand homeownership and their own financial position. Depending on the features you use, the Services may allow you to:
THE SERVICES ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. HOUSE.AI IS NOT A LENDER, MORTGAGE BROKER, MORTGAGE BANKER, MORTGAGE LOAN ORIGINATOR, CREDIT REPAIR ORGANIZATION, CREDIT COUNSELING AGENCY, DEBT MANAGEMENT OR SETTLEMENT COMPANY, INVESTMENT ADVISER, BROKER-DEALER, INSURANCE PRODUCER, APPRAISER, TAX ADVISER, ACCOUNTANT, OR LAW FIRM, AND DOES NOT PROVIDE LEGAL, TAX, ACCOUNTING, APPRAISAL, INSURANCE, INVESTMENT, OR PERSONALIZED FINANCIAL ADVICE.
Nothing in the Services is an offer or commitment to lend, an offer to buy or sell real property, an appraisal or opinion of value on which any party may rely for lending or valuation purposes, a solicitation in any jurisdiction where such solicitation would be unlawful, or a substitute for professional advice from a licensed attorney, accountant, mortgage loan originator, appraiser, or financial adviser. You should consult qualified professionals before making any real estate, mortgage, tax, or financial decision.
House.AI, LLC holds a real estate broker license in the following jurisdictions:
| State | Regulator | License / Registration No. | Designated / Responsible Broker |
|---|---|---|---|
| Texas | Texas Real Estate Commission (TREC) | 9017053-BB | Joshua Potts |
| Arizona | Arizona Department of Real Estate (ADRE) | Pending issuance | Joshua Potts |
| Florida | Florida Real Estate Commission (FREC) / DBPR | CQ1075272 | Joshua Potts |
| California | California Department of Real Estate (DRE) | DRE #02447419 | Joshua Potts |
A current list of the jurisdictions in which House.AI is licensed is maintained at https://house.ai/licenses.
House.AI does not offer or provide real estate brokerage services in any jurisdiction in which it is not appropriately licensed. Where you are located in a jurisdiction in which we are not licensed, we may still provide general educational content, but we will not act as a real estate broker or agent, and any introduction we facilitate will be made to a separately licensed third party who is solely responsible for the brokerage services it provides.
YOUR USE OF THE SERVICES DOES NOT CREATE A REAL ESTATE BROKERAGE RELATIONSHIP, AN AGENCY RELATIONSHIP, OR A FIDUCIARY RELATIONSHIP BETWEEN YOU AND HOUSE.AI OR ANY OF ITS LICENSEES. NO SUCH RELATIONSHIP ARISES UNLESS AND UNTIL YOU AND HOUSE.AI ENTER INTO A SEPARATE WRITTEN REPRESENTATION AGREEMENT THAT COMPLIES WITH APPLICABLE STATE LAW, AND NO EMPLOYEE, AGENT, OR AUTOMATED FEATURE OF THE SERVICES HAS AUTHORITY TO CREATE SUCH A RELATIONSHIP ON OUR BEHALF.
Unless and until such a written agreement is in place, House.AI owes you only those duties that applicable law imposes on a real estate license holder who does not represent a party — which generally include the duties to deal honestly and fairly, to disclose known material defects that are not readily observable, and to account for funds — and does not owe you the duties of loyalty, confidentiality, obedience, or full disclosure that a broker owes to a client it represents.
Information About Brokerage Services (IABS). Texas law requires all real estate license holders to give the Texas Real Estate Commission “Information About Brokerage Services” notice to prospective buyers, tenants, sellers, and landlords. House.AI’s completed IABS notice (TREC Form No. IABS 1-2) is available at https://house.ai/trec-iabs and is linked in a readily noticeable place on the homepage of this website under the label “Texas Real Estate Commission Information About Brokerage Services.”
TREC Consumer Protection Notice. The TREC Consumer Protection Notice (TREC Form No. CN 1-5) is available at https://house.ai/trec-consumer-protection and is linked in a readily noticeable place on the homepage of this website under the label “Texas Real Estate Commission Consumer Protection Notice.” You may contact TREC at P.O. Box 12188, Austin, Texas 78711-2188, (512) 936-3000, www.trec.texas.gov.
Written agreement before showing. Effective January 1, 2026, Texas law requires a written agreement between a license holder and a prospective buyer or tenant before the license holder shows a residential property or prepares or submits an offer. If you decline representation, a non-representation agreement may be used; any such agreement must be non-exclusive and may not exceed 14 days. House.AI will present the applicable agreement to you before any showing is arranged.
House.AI is licensed by the Arizona Department of Real Estate. All advertising on the Services identifies the employing broker’s legal name or the “doing business as” name appearing on its ADRE license certificate. You may verify House.AI’s license at the ADRE public license search, https://azre.gov.
Consent to representation of more than one party and to related compensation. Arizona law prohibits a licensee from representing, or accepting compensation from, more than one party to a transaction without the prior written consent of all parties, and requires the licensee to obtain your prior written acknowledgment before accepting compensation for goods or services from a person other than you. By using the Services and, where applicable, by executing the separate consent we present to you before making an introduction, you acknowledge and consent to the compensation arrangements described in Section 6.
House.AI is licensed by the Florida Real Estate Commission. Under Florida law, all real estate licensees are presumed to be operating as transaction brokers unless a single agent relationship or no brokerage relationship is established in writing with a customer. A transaction broker provides limited representation to a buyer, a seller, or both, does not represent either in a fiduciary capacity, and owes the duties of honest and fair dealing, accounting for all funds, using skill, care, and diligence in the transaction, disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer, presenting all offers and counteroffers in a timely manner, and limited confidentiality.
Where Florida law requires it, House.AI will deliver the applicable written notice — the Single Agent Notice, the Consent to Transition to Transaction Broker, or the No Brokerage Relationship Notice — at the time and in the form prescribed by Section 475.278, Florida Statutes. Nothing on the Services constitutes delivery of any such notice.
House.AI is licensed by the California Department of Real Estate, DRE License No. 02447419. The responsible broker for California activity is Joshua Potts. Where required, House.AI will deliver the Disclosure Regarding Real Estate Agency Relationship prescribed by California Civil Code Section 2079.16 at the time and in the manner required by Civil Code Sections 2079.13 through 2079.24.
IMPORTANT: HOUSE.AI MAY RECEIVE COMPENSATION WHEN YOU ARE INTRODUCED TO, OR DO BUSINESS WITH, A REAL ESTATE AGENT, BROKERAGE, MORTGAGE LENDER, MORTGAGE BROKER, OR OTHER SERVICE PROVIDER THROUGH THE SERVICES. YOU ARE NEVER REQUIRED TO USE ANY PROVIDER WE PRESENT TO YOU. YOU ARE FREE TO SELECT AND WORK WITH ANY REAL ESTATE AGENT, LENDER, OR OTHER PROVIDER YOU CHOOSE, AND DOING SO WILL NOT AFFECT YOUR ACCESS TO THE SERVICES.
House.AI may be compensated in the following ways:
House.AI does not condition your access to, or the price or terms of, any part of the Services on your use of any particular real estate agent, lender, or other service provider. We present matched providers on a neutral basis and do not rank, order, weight, highlight, or otherwise present providers on the basis of the compensation they pay us. The criteria we use to select and present providers are described at https://house.ai/how-matching-works.
House.AI does not have an affiliate relationship with, and does not hold an ownership interest of more than one percent in, any mortgage lender, title company, settlement agent, or other settlement service provider to which it refers business. If that changes, House.AI will provide you with an Affiliated Business Arrangement Disclosure Statement in the form required by 12 C.F.R. §1024.15 and Appendix D to Regulation X at or before the time of each referral.
“Buying Power” and any other estimate, range, score, projection, home value, equity figure, rent estimate, payment estimate, affordability figure, or similar output generated by the Services (each, an “Estimate”) is an automated, educational approximation produced from the information you supply, information obtained from third-party sources, general assumptions about interest rates, taxes, insurance, and other costs, and modeling that is inherently imprecise.
AN ESTIMATE IS NOT A PREAPPROVAL, PREQUALIFICATION, CONDITIONAL APPROVAL, COMMITMENT TO LEND, OFFER OF CREDIT, RATE QUOTE, RATE LOCK, LOAN ESTIMATE UNDER TILA-RESPA, APPRAISAL, BROKER PRICE OPINION, OR GUARANTEE THAT ANY LENDER WILL EXTEND CREDIT TO YOU OR THAT ANY PROPERTY WILL APPRAISE AT, SELL FOR, OR BE WORTH ANY PARTICULAR AMOUNT. ACTUAL LOAN TERMS, ACTUAL ELIGIBILITY, AND ACTUAL PROPERTY VALUES ARE DETERMINED SOLELY BY THE APPLICABLE LENDER, APPRAISER, OR MARKET, AND WILL DIFFER — SOMETIMES MATERIALLY — FROM ANY ESTIMATE.
Estimates change as inputs change, as interest rates and market conditions move, and as we refine our models. We do not guarantee that any Estimate is accurate, complete, current, or suitable for your circumstances, and we are not responsible for any decision you make in reliance on an Estimate. Illustrative figures and personas shown on the Services are examples only.
If you request an Estimate or feature that uses credit information, we will ask you to provide a separate, express authorization before we obtain any consumer report about you. By providing that authorization, you instruct House.AI, in writing and pursuant to Section 604(a)(2) of the federal Fair Credit Reporting Act, 15 U.S.C. §1681b(a)(2), to obtain a consumer report and/or credit score about you from one or more consumer reporting agencies for the purpose of generating your Estimate and, if you so direct, of facilitating an introduction you have requested.
We expect that any such request will be processed as a “soft” inquiry that does not affect your credit score, but we do not control how any consumer reporting agency or lender records an inquiry, and we do not guarantee that any inquiry will be recorded as soft. A lender or other third party to whom you are introduced will obtain its own authorization from you before obtaining a consumer report, and House.AI’s authorization does not extend to it.
Your authorization is limited to the purposes described in it. It is not a standing or perpetual authorization, and it does not authorize ongoing credit monitoring or repeat inquiries unless you separately consent. You may withdraw your authorization at any time as to future inquiries by contacting us at privacy@house.ai, although doing so may prevent us from providing certain features.
Consumer reporting agencies did not make and cannot explain any determination House.AI makes. If we decline to provide a feature or an introduction to you based in whole or in part on information contained in a consumer report, we will provide you with the notice required by Section 615(a) of the Fair Credit Reporting Act, 15 U.S.C. §1681m(a), including the name, address, and telephone number of the consumer reporting agency that furnished the report, a statement that the agency did not make the decision, notice of your right to obtain a free copy of your file from that agency within 60 days, and notice of your right to dispute the accuracy or completeness of any information in that file.
Certain features permit you to connect bank, brokerage, payroll, or other financial accounts to the Services through a third-party data aggregation provider such as Plaid, Inc. (an “Aggregator”). If you choose to do so:
House.AI does not verify, and is not responsible for, the accuracy, completeness, or timeliness of information obtained from any financial institution or Aggregator.
House.AI will not transmit your application information, financial information, or contact information to a real estate agent, brokerage, lender, mortgage broker, or other third-party provider for that provider’s own use unless you affirmatively direct us to do so by requesting an introduction and consenting at the time of the request. We will identify the provider or providers to whom your information will be sent before you consent.
Any real estate agent, brokerage, lender, mortgage broker, title company, insurer, contractor, or other provider you are introduced to through the Services is an independent third party, not an employee, agent, partner, or joint venturer of House.AI, unless we expressly tell you otherwise in writing. House.AI does not supervise, direct, or control their work.
HOUSE.AI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING ANY THIRD-PARTY PROVIDER, INCLUDING AS TO THAT PROVIDER’S LICENSURE, QUALIFICATIONS, COMPETENCE, AVAILABILITY, PRICING, TERMS, PERFORMANCE, OR RESULTS. ANY AGREEMENT YOU ENTER INTO WITH A THIRD-PARTY PROVIDER IS SOLELY BETWEEN YOU AND THAT PROVIDER. HOUSE.AI IS NOT A PARTY TO IT AND IS NOT LIABLE FOR IT.
You are always free to decline an introduction, to work with a provider you find on your own, or to stop working with any provider at any time.
The Services include features powered by artificial intelligence, machine learning, and large language models, including the “Ask House.AI” assistant and the models that generate Estimates (collectively, “AI Features”). By using AI Features you acknowledge and agree to the following.
The Services may display property listings, tax records, public records, school data, neighborhood data, rate data, and other information obtained from multiple listing services, government agencies, data vendors, and other third-party sources. That information is provided by those sources, may be subject to their own terms of use and copyright, may be delayed or out of date, and is not verified by House.AI. Properties may be sold, withdrawn, or under contract notwithstanding their appearance on the Services.
Automated valuations and equity figures are not appraisals and may not be used for lending, tax, insurance, or litigation purposes. Where listing content is provided by a multiple listing service, additional attribution and use restrictions imposed by that service apply and are incorporated by reference where displayed.
House.AI is committed to the letter and the spirit of the federal Fair Housing Act, the Equal Credit Opportunity Act, and all applicable state and local fair housing and fair lending laws. We do not discriminate, and we do not permit anyone using the Services to discriminate, on the basis of race, color, religion, sex (including sexual orientation and gender identity), national origin, familial status, disability, age, marital status, source of income, receipt of public assistance, ancestry, military or veteran status, citizenship or immigration status, or any other characteristic protected by applicable law.
You may not use the Services to make, print, publish, or cause to be made any statement or advertisement indicating any preference, limitation, or discrimination based on a protected characteristic. If you believe you have experienced housing discrimination, you may file a complaint with the U.S. Department of Housing and Urban Development at 1-800-669-9777 or www.hud.gov/fairhousing, or with your state or local fair housing agency.
Some features require you to create an account. You agree to provide accurate, current, and complete information and to keep it updated. The Estimates and other outputs of the Services depend entirely on the accuracy of the information you provide; inaccurate or incomplete information will produce inaccurate results.
You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us immediately at security@house.ai if you suspect unauthorized access. We may suspend or terminate your account as described in Section 23. You may not share, sell, transfer, or license your account.
By using the Services, you consent to receive from us electronically all communications, agreements, disclosures, notices, authorizations, and records that we are required to provide to you in writing (collectively, “Communications”), including those required under the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, the Real Estate Settlement Procedures Act, and applicable state real estate and privacy laws. You agree that electronic Communications satisfy any legal requirement that such Communications be in writing, and that your electronic signature has the same legal effect as a handwritten signature under the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 et seq., and applicable state law.
We may provide Communications by posting them on the Services, by email to the address associated with your account, by text message, or through in-product notification. You may withdraw your consent to receive Communications electronically at any time by contacting us at legal@house.ai; if you do, we may be unable to continue providing some or all of the Services to you. To access and retain electronic Communications you will need a device with internet access, a current web browser, an active email account, and the ability to view PDF files. You may request a paper copy of any Communication by contacting us; we do not charge a fee for paper copies. Please keep your contact information current.
If you provide us with your telephone number and check the applicable consent box, you agree that House.AI and the real estate agents, brokerages, lenders, and other providers we identify to you may contact you at that number — including on a mobile number — with recurring marketing communications, including calls and text messages made using an automatic telephone dialing system or an artificial or prerecorded voice.
If you opt in, House.ai sends you promotional text messages — early-access invitations, news that a product or a feature is available, and similar updates about House.ai. You opt in by ticking the text-message box on our early-access sign-up form; that box is optional and never pre-ticked, and you can join the list without it. Message frequency varies, and message and data rates may apply. Reply STOP to any of these messages to opt out, or HELP for assistance; you can also call 855-981-7557. Carriers are not liable for delayed or undelivered messages. Section 13.1 of the Privacy Policy sets out what we collect for them, and states that your opt-in is never shared with anyone.
You retain ownership of the information, documents, images, and other content you submit to the Services (“Your Content”). You grant House.AI a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify, adapt, create derivative works of, and use Your Content solely to operate, provide, secure, analyze, and improve the Services (including, subject to our Privacy Policy, to develop and train models), to provide the introductions you request, and to comply with law. This license ends when Your Content is deleted, except for copies retained in backups, in de-identified or aggregated form, or as required by law.
You represent that you have all rights necessary to grant this license and that Your Content does not infringe or violate the rights of any third party. If you send us suggestions, ideas, or feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use them for any purpose without obligation to you.
You agree not to, and not to permit anyone else to:
The Services, including all software, models, text, graphics, design, user interfaces, compilations, and other content (other than Your Content and third-party content), and all intellectual property rights in them, are owned by House.AI or its licensors and are protected by United States and international copyright, trademark, trade secret, patent, and other laws.
Subject to your compliance with these Terms, House.AI grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your own personal, non-commercial purposes. All rights not expressly granted are reserved. “House.AI,” the House.AI logo, and our other marks are trademarks of House.AI, LLC. You may not use them without our prior written permission.
The Services may contain links to, or integrations with, websites, applications, and services operated by third parties. We provide these for convenience only. We do not control, endorse, or assume responsibility for any third-party site or service, its content, its privacy practices, or its terms. Your dealings with any third party are solely between you and that third party.
The Services are currently offered at no charge to consumers. We may introduce paid features or subscriptions in the future. If we do, we will disclose the price, billing frequency, renewal terms, cancellation rights, and refund policy before you are charged, and we will obtain your express informed consent to the charge. Any automatically renewing subscription will comply with applicable automatic renewal laws, including California Business and Professions Code Section 17600 et seq., and you will be able to cancel online. You are responsible for all applicable taxes.
Our collection, use, disclosure, and retention of personal information is described in our Privacy Policy, available at https://house.ai/privacy, which is incorporated into these Terms. Because House.AI may be a “financial institution” for purposes of the Gramm-Leach-Bliley Act, we also provide a separate privacy notice governing nonpublic personal information, available at https://house.ai/glba-privacy-notice. Please read both.
These Terms apply from your first use of the Services until terminated. You may stop using the Services and close your account at any time. We may suspend, restrict, or terminate your access to all or part of the Services at any time, with or without notice, if we believe you have violated these Terms or applicable law, if necessary to protect the Services or other users, or if we discontinue the Services.
Upon termination, your license to use the Services ends immediately. Sections 4, 5.2, 6, 7, 8, 10.2, 12, 17, 19, 20, and 24 through 32 survive termination, along with any other provision that by its nature should survive.
THE SERVICES, INCLUDING ALL ESTIMATES, AI FEATURES, CONTENT, DATA, AND INTRODUCTIONS, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HOUSE.AI AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
WITHOUT LIMITING THE FOREGOING, HOUSE.AI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE; THAT ANY ESTIMATE, VALUATION, RATE, LISTING, OR OTHER INFORMATION WILL BE ACCURATE, COMPLETE, OR CURRENT; THAT ANY DEFECT WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT YOU WILL QUALIFY FOR ANY LOAN OR BE ABLE TO PURCHASE ANY PROPERTY; OR THAT ANY THIRD-PARTY PROVIDER WILL BE AVAILABLE, SUITABLE, OR SATISFACTORY.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, our warranties are limited to the minimum extent permitted by law.
TO THE FULLEST EXTENT PERMITTED BY LAW, HOUSE.AI AND ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF HOUSE.AI AND THE PARTIES LISTED ABOVE, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO HOUSE.AI FOR THE SERVICES IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
These limitations apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits or excludes liability for fraud, fraudulent misrepresentation, gross negligence, or willful misconduct, or any liability that may not be limited or excluded under applicable law.
You agree to defend, indemnify, and hold harmless House.AI and its affiliates, officers, directors, members, managers, employees, and agents from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your use or misuse of the Services, (b) Your Content, (c) your violation of these Terms or of any applicable law, (d) your violation of the rights of any third party, or (e) any dispute between you and any third-party provider. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us. This Section does not require you to indemnify us for our own fraud, gross negligence, or willful misconduct.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. IT REQUIRES YOU AND HOUSE.AI TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU. YOU MAY OPT OUT UNDER SECTION 27.9.
Before commencing arbitration, the party raising a dispute must send the other a written Notice of Dispute describing the dispute, the relief sought, and the sender’s contact information. Send notice to House.AI at legal@house.ai and by mail to House.AI, LLC, Attn: Legal, 45 W. Buchanan Street, Phoenix, Arizona 85003. We will send notice to you at the email or mailing address associated with your account. The parties will attempt in good faith to resolve the dispute for sixty (60) days after the notice is received, including through an individualized telephone or videoconference settlement conference if either party requests one. This process is a condition precedent to arbitration, and the applicable limitations period is tolled while it is pending.
If the dispute is not resolved within sixty days, you and House.AI agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Services, any Estimate, any introduction, any communication we send you, or the relationship between us — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after termination — will be resolved exclusively by final and binding individual arbitration, and not in a court of law, except as provided in Sections 27.5 and 27.6.
This Section evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. §1 et seq., governs its interpretation and enforcement. This Section survives termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at www.adr.org or 1-800-778-7879), as modified by these Terms. If the AAA is unavailable or declines to administer the arbitration consistent with this Section, the parties will agree on a substitute administrator or, failing agreement, a court of competent jurisdiction will appoint one.
A single neutral arbitrator will be selected under the AAA rules. The arbitrator may award any relief available in an individual action in court under applicable law, including declaratory and injunctive relief, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator will issue a reasoned written award. Judgment on the award may be entered in any court of competent jurisdiction.
Unless the parties agree otherwise, the arbitration will be conducted in the county in which you reside, or by telephone, videoconference, or on the basis of written submissions, at your election. Payment of filing, administration, and arbitrator fees is governed by the AAA Consumer Arbitration Rules. If your claim is for $10,000 or less, House.AI will pay all AAA filing, administration, and arbitrator fees, unless the arbitrator determines your claim was frivolous or brought for an improper purpose. Each party otherwise bears its own attorneys’ fees and costs, except where a statute or the arbitrator’s award provides otherwise.
Either party may bring an individual action in small claims court in a jurisdiction where venue is proper, so long as the action remains in that court, is brought only on an individual basis, and seeks only relief within that court’s jurisdictional limits.
Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of its intellectual property rights, without waiving this Section as to any other claim.
YOU AND HOUSE.AI EACH WAIVE ANY RIGHT TO A JURY TRIAL. YOU AND HOUSE.AI EACH AGREE THAT ANY PROCEEDING WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, MASS, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
If a court decides that applicable law precludes enforcement of any part of this Section 27.7 as to a particular claim or request for relief, then that claim or request for relief — and only that claim or request for relief — will be severed from the arbitration and may be brought in the state or federal courts identified in Section 28. All other claims will be arbitrated. This paragraph does not apply to the waiver in Section 27.8, which is not severable.
If the class action waiver in Section 27.7 is found to be unenforceable as to a claim for public injunctive relief, and that finding is not reversed on appeal, then the entirety of Section 27 is null and void as to that claim only, and that claim will be resolved in court under Section 28.
YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT. To opt out, send written notice within thirty (30) days of the date you first accept these Terms to: House.AI, LLC, Attn: Arbitration Opt-Out, 45 W. Buchanan Street, Phoenix, Arizona 85003, or by email to legal@house.ai with the subject line “Arbitration Opt-Out.” Your notice must include your full name, the email address associated with your account, your mailing address, and a clear statement that you wish to opt out of the arbitration agreement. Opting out will not affect any other part of these Terms or your use of the Services, and we will not retaliate against you for opting out. If you opt out, disputes will be resolved in the courts identified in Section 28.
If we materially change this Section 27 after you accept these Terms, you may reject the change by sending us written notice within thirty days of the change, in which case the version of Section 27 in effect immediately before the change will govern disputes between us.
To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Services must be commenced within one (1) year after the claim accrues. Claims not brought within that period are permanently barred. This limitation does not apply where applicable law prohibits it.
These Terms and any dispute between you and House.AI are governed by the laws of the state of Texas, without regard to its conflict of laws principles, except that the Federal Arbitration Act governs Section 27 and except where the mandatory consumer protection, real estate licensing, or privacy laws of your state of residence apply notwithstanding a contrary choice of law.
For any dispute not subject to arbitration under Section 27, you and House.AI consent to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas, and waive any objection to those courts on grounds of personal jurisdiction, venue, or forum non conveniens. Nothing in this Section limits any right you may have to bring a claim before, or to file a complaint with, a governmental agency or state real estate regulator.
If you believe content on the Services infringes your copyright, send a written notice to our designated agent containing the information required by 17 U.S.C. §512(c)(3): your physical or electronic signature; identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing and information reasonably sufficient to locate it; your contact information; a statement that you have a good faith belief that the use is not authorized; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
Designated Agent: House.AI, LLC, Attn: DMCA Agent, 45 W. Buchanan Street, Phoenix, Arizona 85003; email dmca@house.ai; telephone 855-981-7557. We will respond to valid notices in accordance with the Digital Millennium Copyright Act and will terminate the accounts of repeat infringers in appropriate circumstances.
We may modify these Terms from time to time. If we make a material change, we will provide reasonable advance notice — for example, by email, by in-product notice, or by posting a notice on the Services — and will update the “Last Updated” date above. Changes take effect on the date stated in the notice. Your continued use of the Services after a change takes effect constitutes your acceptance of the modified Terms. If you do not agree, you must stop using the Services and may close your account. Changes will not apply retroactively to any dispute of which we had notice before the change, and Section 27.10 governs changes to the arbitration agreement. We will maintain prior versions of these Terms at https://house.ai/terms-archive.
We may give you notice by email to the address associated with your account, by posting on the Services, by in-product notification, or by mail. You must give us notice by email to legal@house.ai and, for notices under Section 27, also by mail to House.AI, LLC, Attn: Legal, 45 W. Buchanan Street, Phoenix, Arizona 85003. Notice is effective when sent, except that mailed notice is effective on receipt.
Entire Agreement. These Terms, the Privacy Policy, and any Supplemental Terms are the entire agreement between you and House.AI regarding the Services and supersede all prior or contemporaneous agreements and understandings on that subject.
Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be, severed, and the remaining provisions will remain in full force. Section 27.8 is an exception to this rule.
No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempt to do so is void. We may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
No Third-Party Beneficiaries. Except for the persons identified in Sections 25 and 26, these Terms create no third-party beneficiary rights.
Force Majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, governmental action, utility or telecommunications failures, or failures of third-party service providers.
Relationship. Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship between you and House.AI.
Headings and Interpretation. Headings are for convenience only. “Including” means “including without limitation.” These Terms will not be construed against the drafter.
Export and Sanctions. You represent that you are not located in, and are not a national or resident of, any country subject to U.S. embargo, and that you are not on any U.S. government restricted-party list.
Government Use. The Services are “commercial computer software” and “commercial computer software documentation” under FAR 12.212 and DFARS 227.7202.
House.AI, LLC
45 W. Buchanan Street
Phoenix, Arizona 85003
Email: support@house.ai
Legal: House.ai.legal@house.ai
Privacy: privacy@house.ai
Telephone: 855-981-7557
Complaint resolution. Under California Civil Code Section 1789.3, California users are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254. The Services are currently provided to consumers at no charge; if we begin charging, the price and any applicable fees will be disclosed to you before you are charged.
Real estate regulator. You may verify a California real estate license or file a complaint with the California Department of Real Estate at www.dre.ca.gov or (877) 373-4542.
You may file a complaint regarding a real estate license holder with the Texas Real Estate Commission at www.trec.texas.gov, by telephone at (512) 936-3000, or by mail at P.O. Box 12188, Austin, Texas 78711-2188. See also the TREC Consumer Protection Notice linked from our homepage.
You may verify a license or file a complaint with the Arizona Department of Real Estate at www.azre.gov or (602) 771-7799.
You may verify a license or file a complaint with the Florida Department of Business and Professional Regulation at www.myfloridalicense.com or (850) 487-1395.
If you are a New Jersey resident, the exclusions and limitations in Sections 24 and 25, and the indemnification obligation in Section 26, apply only to the extent permitted by New Jersey law, and nothing in these Terms is intended to waive any right or remedy available to you under the New Jersey Consumer Fraud Act or the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act.