Terms of Service

These Terms of Service (hereinafter "Terms," "Agreement," or "TOS") constitute a legally binding agreement between you (hereinafter "Client," "Customer," "You," or "User") and Home Service AI LLC, a Wyoming limited liability company, doing business as PostScout (hereinafter "Company," "We," "Us," or "Our") governing your access to and use of our website, platform, services, and products (collectively, the "Services"). By accessing, browsing, or utilizing any portion of our Services, you hereby acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, as well as our Privacy Policy, which is incorporated herein by reference.

1. Acceptance of Terms

By accessing or using the Services, you expressly acknowledge and agree to be legally bound by these Terms and all terms incorporated by reference, including but not limited to our Privacy Policy. If you do not agree to these Terms in their entirety, you are expressly prohibited from accessing or using our Services and must discontinue use immediately. Your continued use of the Services following the posting of any amendments to these Terms shall constitute your acceptance of such amendments.

2. Description of Services

Company provides direct mail marketing services, including but not limited to:

• AI-powered personalized postcard generation and rendering showing residential and commercial properties with applied transformations;
• Direct mail campaign design, management, coordination, and execution;
• Campaign performance tracking, analytics, and attribution services utilizing QR codes, unique tracking phone numbers, and other proprietary tracking mechanisms;
• Professional printing, production, and mailing fulfillment services through third-party vendors and the United States Postal Service.

Company reserves the right, in its sole and absolute discretion, to modify, suspend, discontinue, or terminate any part or all of the Services at any time, with or without prior notice, and without liability to you or any third party.

3. Account Registration and Use

To access and utilize our Services, you represent, warrant, and covenant that you shall:

• Provide accurate, complete, current, and truthful information during registration and at all times thereafter;
• Maintain the confidentiality and security of your account credentials, passwords, and access tokens;
• Immediately notify Company in writing of any unauthorized use, access, or security breach of your account;
• Be at least eighteen (18) years of age and possess the legal capacity and authority to enter into binding contracts under applicable law;
• If acting on behalf of an entity, possess the requisite authority to bind such entity to these Terms.

You acknowledge and agree that you shall be solely responsible and liable for all activities, transactions, and conduct that occur under or through your account, whether authorized or unauthorized.

4. Acceptable Use and Prohibited Conduct

You expressly agree and covenant that you shall NOT:

• Use the Services for any unlawful, illegal, fraudulent, or unauthorized purpose or in violation of any applicable federal, state, local, or international law or regulation;
• Violate, circumvent, or attempt to circumvent any laws or regulations, including without limitation the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act (TCPA), direct mail regulations, or any applicable data protection or privacy laws;
• Transmit, distribute, or facilitate the transmission of unsolicited commercial communications, spam, harassing communications, or any content that is defamatory, obscene, or threatening;
• Interfere with, disrupt, damage, or impose an unreasonable burden on our Services, servers, networks, or infrastructure;
• Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks through hacking, password mining, or any other means;
• Use the Services in any manner that infringes, misappropriates, or violates any intellectual property rights, proprietary rights, or other rights of any third party;
• Resell, sublicense, redistribute, or commercially exploit the Services or any portion thereof without express written authorization from Company;
• Provide false, misleading, deceptive, or fraudulent information in connection with campaigns, content, or representations made through the Services.

Company reserves the right, in its sole discretion, to investigate, suspend, or terminate your access to the Services for any suspected violation of this Section.

5. Payment Terms and Billing

The following payment terms and conditions shall apply:

• All fees, charges, and costs (collectively, "Fees") are due and payable in advance prior to commencement of Services, unless otherwise expressly agreed to in a separate written agreement executed by authorized representatives of both parties;
• Company reserves the right to modify, adjust, or change pricing and Fees at any time upon thirty (30) days' prior written notice to Customer;
• By providing payment information, you hereby authorize Company to charge your designated payment method for all applicable Fees, including any applicable taxes, surcharges, or third-party processing fees;
• All payments are non-refundable except as expressly set forth in Section 5.5 (Refund and Cancellation Policy) below;
• Customer shall be solely responsible for all applicable federal, state, local, and foreign taxes, levies, duties, and governmental charges associated with the Services, excluding taxes based on Company's net income.

Failure to make timely payment when due may result in immediate suspension or termination of Services, without prejudice to Company's right to pursue any and all available legal remedies for collection of outstanding amounts owed.

5.5 Refund and Cancellation Policy

Cancellation and Refunds:

Customer may cancel an order and receive a full refund of Fees paid if, and only if, Company has not yet commenced work on Customer's campaign. "Commencement of work" shall be deemed to occur upon Company's initiation of any of the following activities: AI image generation, property rendering, custom design work, postcard layout creation, address list processing or verification, QR code generation, tracking setup, file preparation for printing, or any other preparatory services related to the campaign.

No Refunds After Work Commences:

Once Company has commenced work on Customer's campaign, all Fees paid shall be deemed fully earned and are non-refundable. Work typically begins immediately upon order approval and payment receipt. Customer acknowledges and agrees that no refunds, credits, or chargebacks shall be issued once any work has commenced.

Non-Refundable Items:

The following items and services are non-refundable under all circumstances, regardless of whether the campaign proceeds to completion: (a) design consultation fees; (b) setup and configuration fees; (c) address list acquisition, enhancement, or verification fees; (d) AI image generation costs; (e) any work product completed or in progress prior to cancellation request.

Overpayments and Billing Errors:

In the event Customer overpays or Company makes a demonstrable billing error, Company shall refund the excess amount within seven to ten (7-10) business days of written notification and verification of the overpayment or error.

Subscription Services:

If Customer subscribes to a recurring subscription plan, Customer may cancel such subscription at any time; provided, however, that cancellation shall be effective only at the end of the then-current billing period. No refunds shall be issued for partial billing periods, and all Fees for the current period shall remain due and payable.

Service Failures and Deficiencies:

If Company fails to deliver Services as expressly promised due to Company's error, technical malfunction, or material service deficiency, Company shall, at its sole option and discretion, either: (a) re-perform the Services at no additional charge; or (b) issue a credit toward future Services of equivalent value. Customer must report any service failures or deficiencies in writing within thirty (30) days of the alleged failure, or such claim shall be deemed waived.

USPS and Carrier Delivery:

Company shall not be responsible or liable for mail or materials that are lost, damaged, delayed, misdirected, or undelivered by the United States Postal Service or any other third-party carriers. Company further disclaims any liability for delivery failures resulting from incorrect, incomplete, or outdated addresses provided by Customer, or for mail refused or returned by recipients. Such circumstances do not constitute grounds for refunds, credits, or chargebacks.

Chargeback Policy:

In the event Customer initiates a chargeback, payment dispute, or reversal with their financial institution: (a) Customer's account shall be immediately suspended pending resolution; (b) Company reserves the right to pursue collection of all amounts owed, including reasonable attorneys' fees and collection costs; (c) a twenty-five dollar ($25.00) administrative fee shall be assessed; and (d) Company may provide documentation to Customer's financial institution evidencing delivery and performance of Services.

Cancellation Request Procedure:

To request cancellation, Customer must submit a written request via email to contact@postscout.com, including: (a) order or proposal number; (b) detailed reason for cancellation; and (c) date and time of cancellation request. Refund eligibility shall be determined solely by Company based on whether work has commenced on the campaign.

Approved refunds, if any, shall be processed within seven to ten (7-10) business days and credited to Customer's original payment method.

6. Campaign Content and Regulatory Compliance

Customer represents, warrants, and covenants that Customer is solely and exclusively responsible for:

• The accuracy, completeness, legality, and propriety of all campaign content, creative materials, mailing lists, and data provided to Company;
• Compliance with all applicable federal, state, local, and international laws, regulations, and ordinances governing direct mail, advertising, marketing, consumer protection, data privacy, and related matters;
• Obtaining all necessary permissions, consents, licenses, and authorizations for the use of property images, photographs, trademarks, copyrighted materials, or any other third-party content;
• Ensuring that all claims, representations, offers, and statements made in campaigns are truthful, accurate, substantiated, and not false, misleading, or deceptive;
• Including all legally required opt-out mechanisms, unsubscribe options, physical mailing addresses, and contact information in compliance with applicable law.

Company reserves the right, in its sole and absolute discretion, to refuse service, reject any campaign content, or terminate the business relationship if Company reasonably determines that any content, campaign, or conduct violates these Terms, applicable law, or Company's internal policies and standards.

7. Intellectual Property Rights

Company's Intellectual Property:

All content, materials, features, functionality, software, source code, algorithms, designs, graphics, logos, trademarks, service marks, trade names, and AI technology comprising or related to the Services (collectively, "Company IP") are and shall remain the exclusive property of Company and its licensors. Company IP is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms shall be construed to grant Customer any license, right, title, or interest in or to Company IP, except as expressly set forth herein.

Customer's Content and Materials:

Customer retains all ownership rights, title, and interest in and to all content, materials, logos, branding elements, mailing lists, and data provided by Customer to Company (collectively, "Customer Content"). Customer hereby grants to Company a limited, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, and display Customer Content solely to the extent necessary to provide the Services under these Terms. Company may use anonymized, aggregated campaign data for internal analytics, research, service improvement, and benchmarking purposes, provided such use does not identify Customer or disclose Customer's confidential information.

8. AI-Generated Content Disclaimer

Company's proprietary artificial intelligence technology generates personalized, customized images and renderings of residential and commercial properties. Customer acknowledges and agrees that: (a) AI-generated images are artistic renderings, interpretations, and approximations, and may not constitute perfectly accurate or photorealistic representations of actual properties; (b) variations, discrepancies, and artistic liberties may occur in AI-generated content; (c) Company makes no representations or warranties regarding the accuracy, precision, or fidelity of AI-generated images; and (d) Customer bears sole responsibility for reviewing, approving, and verifying all campaign materials, including AI-generated content, prior to distribution or publication.

9. Service Guarantees and Limitations; Disclaimer of Warranties

Company provides campaign tracking, analytics, and reporting services; however, Company expressly disclaims and does NOT guarantee, warrant, or represent:

• Any specific, minimum, or projected response rates, conversion rates, lead generation, sales results, or return on investment (ROI) from campaigns;
• Successful, timely, or complete delivery of mail by the United States Postal Service, third-party carriers, or other delivery services;
• The accuracy, completeness, reliability, or currency of third-party data, address lists, demographic information, or mailing databases;
• That actual results, outcomes, or performance will match, meet, or exceed any projections, estimates, forecasts, or predictions provided by Company.

Customer acknowledges and agrees that campaign performance, success, and results depend on numerous factors outside Company's control, including but not limited to: the quality, competitiveness, and appeal of Customer's offer; the accuracy and relevance of targeting and segmentation; prevailing market conditions and economic factors; seasonal variations; and the quality of Customer's products, services, and customer service.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER TO COMPANY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

11. Indemnification

Customer agrees to indemnify, defend, and hold harmless Company, its affiliates, subsidiaries, officers, directors, employees, agents, contractors, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or related to: (a) Customer's use or misuse of the Services; (b) Customer's campaign content, materials, mailing lists, or data; (c) Customer's violation of these Terms or any applicable law, regulation, or ordinance; (d) Customer's infringement, misappropriation, or violation of any intellectual property rights, proprietary rights, privacy rights, or other rights of any third party; or (e) any false, misleading, or deceptive representations or claims made by Customer in connection with campaigns or Services. This indemnification obligation shall survive termination of these Terms and the business relationship.

12. Term and Termination

Company may, in its sole and absolute discretion, immediately terminate or suspend Customer's access to and use of the Services, with or without prior notice, for any reason or no reason, including but not limited to:

• Material breach or violation of these Terms;
• Non-payment or late payment of any Fees when due;
• Fraudulent, illegal, or unethical conduct or activity;
• At Company's discretion for any operational, business, or legal reason.

Customer may terminate its account at any time by providing written notice to Company at contact@postscout.com. Upon termination by either party, Customer shall remain liable and responsible for all outstanding Fees, charges, and obligations incurred prior to the effective date of termination. Sections 5, 7, 9, 10, 11, 13, 14, and 16 of these Terms shall survive any termination or expiration of the business relationship.

13. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single neutral arbitrator, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitration shall take place in the State of Wyoming, unless otherwise mutually agreed by the parties.

CUSTOMER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither party shall be entitled to arbitration and disputes must be resolved in court.

Notwithstanding the foregoing, Company may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or proprietary interests.

14. Governing Law and Jurisdiction

These Terms shall be governed by, construed, and enforced in accordance with the laws of the United States and the State of Wyoming, without giving effect to any principles of conflicts of law that would result in the application of the laws of another jurisdiction. Any action or proceeding arising out of or relating to these Terms that is not subject to arbitration shall be brought exclusively in the federal or state courts located in Wyoming, and Customer hereby irrevocably consents to the personal jurisdiction and venue of such courts.

15. Modifications to Terms

Company reserves the right, in its sole discretion, to modify, amend, supplement, or replace these Terms at any time. Company will provide notice of material changes by posting the updated Terms on the Company website and updating the "Effective Date" at the top of these Terms. Company may also, but is not obligated to, provide additional notice via email or through the Services. Customer's continued access to or use of the Services following the posting of any changes constitutes Customer's binding acceptance of such changes. If Customer does not agree to any modification of these Terms, Customer must immediately discontinue use of the Services.

16. Miscellaneous Provisions

Entire Agreement:

These Terms, together with the Privacy Policy and any other agreements, policies, or documents expressly incorporated by reference, constitute the entire agreement between Customer and Company with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

Severability:

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

Waiver:

No waiver of any term, provision, or condition of these Terms, whether by conduct or otherwise, shall be deemed to be or shall constitute a waiver of any other term, provision, or condition, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the party against whom the waiver is sought to be enforced.

Assignment:

Customer may not assign, transfer, delegate, or sublicense these Terms or any rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Company. Any attempted assignment in violation of this provision shall be null and void. Company may freely assign these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

Force Majeure:

Company shall not be liable or responsible for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by events beyond Company's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, pandemics, public health emergencies, failures of third-party service providers, or interruptions in telecommunications or internet services.

Relationship of Parties:

The relationship between Company and Customer is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or franchise relationship between the parties. Neither party has any authority to bind the other or to incur any obligation on behalf of the other.

17. Portfolio, Marketing, and Testimonial Rights

Grant of Marketing License:

By utilizing the Services, Customer hereby grants to Company a worldwide, royalty-free, non-exclusive, perpetual license and right to use, reproduce, display, and distribute Customer's company name, trade name, trademarks, service marks, logos, and campaign work product (collectively, "Customer Marketing Materials") for Company's marketing, advertising, promotional, and business development purposes, including but not limited to: (a) displaying Customer Marketing Materials in client lists, case studies, testimonials, and promotional materials; (b) showcasing campaign work, creative samples, before-and-after images, and project descriptions in Company's portfolio, website, presentations, and marketing collateral; (c) referencing campaign performance metrics, statistics, and results, either attributed to Customer by name or in anonymized, aggregated form; (d) creating case studies, success stories, white papers, and promotional content featuring Customer's campaigns; and (e) using Customer quotes, feedback, reviews, or testimonials provided to Company in marketing materials, advertisements, and promotional content.

Professional Standards and Limitations:

Company agrees to present and display Customer Marketing Materials in a professional manner consistent with Customer's brand standards and reputation. Company shall not fabricate, materially alter, or misrepresent campaign results or performance. Company shall not disclose Customer's confidential business information, trade secrets, proprietary data, or commercially sensitive information without Customer's express prior written consent, except as required by law or legal process.

Opt-Out and Removal Rights:

Customer may request in writing that Company remove or cease using specific Customer Marketing Materials by sending an email to contact@postscout.com with the subject line "Marketing Opt-Out" and specifying which materials Customer wishes removed. Company shall use commercially reasonable efforts to comply with such removal requests within thirty (30) business days; provided, however, that removal may not be feasible for previously distributed printed materials, third-party publications, or archived content. Customer's decision to opt out of marketing usage shall not affect Customer's ability to access or use the Services, nor shall it affect the quality or level of Services provided to Customer.

Duration of License:

The marketing license granted herein shall continue for the duration of the business relationship between Company and Customer and shall survive for a period of two (2) years following termination of the relationship, unless Customer submits a written request for earlier removal as set forth above.

18. Contact Information

For questions, concerns, or inquiries regarding these Terms of Service, please contact Company at:

• Email: contact@postscout.com