Terms of Service

Last Updated: January 28, 2024

Front Desk Home Services, Inc. (“Company,” “Makase,” “us,” “we,” or “our”) welcomes you to our smart home concierge program.

By clicking “I agree” or accessing or using OUR SERVICES, WEBSITE, APPLICATION(S), DASHBOARD, OR related materials OR TECHNOLOGY, (collectively, the “Services” or “Platform”) in any way you agree to these Terms of Service (the “TOS” or “Agreement”).

The Services are intended for individual home owners (“Clients”) to organize and facilitate the management and maintenance of their primary or other homes and lifestyle, and to consolidate, simplify, and manage communications, service requests, interactions, and transactions between Clients and one or more vendors, service providers, or contractors (any of the foregoing, “Vendors”) who may be providing Clients products or services.

Users (“you”) of the Services may include Clients or Vendors, and we may charge or deduct fees to either Clients or Vendors as described on our Platform for all or certain aspects of the Services. We will be transparent about our fees, and if you have any questions contact us.

If you are entering into these TOS on behalf of a company or other legal entity as indicated in your log-in or registration information, you represent that you have the authority to bind such entity to these TOS and hereby do, in which case, “you” or “your” will refer to such entity as well as you as an individual.

Company’s Services are evolving and expanding, but only available in certain areas supported by us as indicated on the Platform. Accordingly, Company may change these TOS from time to time at its sole discretion, and if Company makes any substantial changes, Company will use reasonable efforts to inform you by sending an email or text to the last address or number you provided to us and/or by posting notice of the change on the Platform. Any changes to these TOS will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of notice of the change(s) on the Platform. These changes will be effective immediately for new users of the Services. Company may require you to provide consent to the updated TOS in a specified manner before further use of the Service is permitted. Otherwise, your continued use of the Service constitutes your acceptance of the changes. Please regularly check the TOS.

THESE TOS ARE A LEGAL AGREEMENT BETWEEN YOU AND COMPANY, AND INCLUDE LIMITATIONS OF LIABILITIES AND REMEDIES, className ACTION AND JURY TRIAL WAIVERS, AND OTHER PROVISIONS LIMITING YOUR RIGHTS. PLEASE READ CAREFULLY.

1 - Right to Access and Use the Services

Company grants to you, a nontransferable, nonexclusive, worldwide limited right to access, use or benefit from the Services as made available by Company, subject to the other provisions of these TOS and Company’s documentation relating to the Services.

You will be solely responsible for the devices (e.g., a computer, smart phone, or tablet) and ancillary resources and services (e.g., internet or telecommunications) needed to connect to, access, or otherwise use the Services.

You will provide us information on your designated Vendors (or Clients) whom you desire we interact with to provide you the Services and to facilitate communications, transactions and other activities supported by the Services. You represent and warrant that you have the right to provide us such information for the purposes of the Services. You understand and agree that we are not responsible for any Client or Vendor, including their acts or omissions, but our Services are designed and intended to facilitate and consolidate products and services received or provided between Clients and Vendors. If there is an issue with a Client or Vendor, let us promptly know and we work to help resolve it. Our Services are intended to be the central contract and dashboard to assist you.

If your use of the Services include an application from an app store or text or other messaging, the supplemental terms attached to these TOS apply to cover any requirements of the app store or applicable laws and regulations. Additionally, if we have any access to any of your accounts with a financial or other institution or entity, supplemental terms (and their terms) will apply as applicable. Other supplemental terms may apply in the future as our Services evolve and expand. Supplemental terms are hereby incorporated into these TOS, and you agree to be bound to and comply with such supplemental terms.

2 - Usage Restrictions and Representations

You will not, directly or indirectly: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any software, documentation or materials related to, or provided with, the Services (“Software”); (b) modify, translate, or create derivative works based on the Services or Software; (c) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or Software; (d) use, access or otherwise exploit the Services to build or support, and/or assist a third party in building or supporting, products or services competitive to Company’s Services or Software; or (e) remove any proprietary notices or labels from the Services or Software.

You will not knowingly or willfully access or use (or try to access or use) the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with Company’s provision of the Services to other users. You will be responsible for maintaining the security of your equipment and resources and your account access passwords. You and Company agree to make every reasonable effort to prevent unauthorized third parties from accessing the Services. You will be liable for all of your acts and omissions and any acts or omissions by a third party under your credentials.

3 - Ownership

Company owns or has rights to all intellectual property rights in and to the Services (including the Software and all derivatives or improvements thereof). All suggestions, enhancements requests, feedback, recommendations or other similar input (“Feedback”) provided by or on behalf of you relating to the Services will be owned by Company, and You hereby assign any rights you may have in or to the Services or such Feedback to Company, and agree to take all reasonable acts necessary to accomplish the foregoing ownership transfer. Any rights not expressly granted herein are reserved by Company.

Except as otherwise provided this Agreement, you own any data, information or material originated by you that you submit in the course of using the Services (“Your Data”). Company has no ownership rights in or to Your Data. You will be solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to Your Data. You represent and warrant that you have the right and all consents necessary to provide and input Your Data into the Services and for Company to process and use Your Data as contemplated in these TOS. You agree that we may use Your Data to develop, improve, and train artificial intelligence and machine learning models and algorithms in connection with the Services and to improve and develop new services and offerings; we will use reasonable efforts to remove and cleanse any personal or sensitive information from such activities as required by law and generally accepted industry practices.

4 - Fees and Payment

Company’s fees for the Services are as identified on the Platform or otherwise agreed in writing by you and us. Amounts or costs charged by Vendors to Clients may also be identified on the Platform, and Company will assist in managing and facilitating payment of such fees and costs as described on our Platform.

Company may accept payment by a valid credit or debit card (Visa, MasterCard, or any other issuer accepted by Company), PayPal account, or other supported payment method (each a “Payment Method”). Your Payment Method agreement (e.g., with your card issuer, PayPal or other third party) governs your use of the designated Payment Method service, and you must refer to that agreement and not this TOS to determine your rights and liabilities relating thereto. By providing Company with your credit or debit card number or other Payment Method account and associated payment information, you agree that Company is authorized to immediately charge your account for all fees and charges due and payable and that no additional notice or consent is required. You agree to immediately notify Company of any change in your billing address or the credit or debit card or Payment Method account used for payment under this TOS. Company reserves the right at any time to change its prices and billing methods, either immediately upon posting or by e-mail delivery to you.

All prices, fees and amounts due are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties, except for the amounts we elect to collect from you and remit to the applicable taxing authority.

If any fee is not paid in a timely manner, or Company is unable to process your payment using the information provided by you, Company reserves the right to revoke access to and use of the Services.

The fees for Services will be billed until you cancel your account. You can cancel your account as described in our Platform and these Terms, including by contacting your Company Service concierge by the text or email you regularly use in connection with the Services (or support@makase.com). Company may automatically charge you for Services, unless you cancel. You acknowledge that fees and amounts may change from time to time.

All fees and charges are nonrefundable and there are no refunds or credits, except as expressly provided otherwise or required by law. We are not responsible for any inadvertent typos or errors in Vendor fees or costs, but will use reasonable efforts to amicably address any issues between Clients and Vendors relating thereto.

5 - Term and Termination

These TOS will continue to apply until terminated by either you or Company as set forth below.

If you want to terminate, you may do so by (i) notifying Company at any time at the following email address support@makase.com; and/or (ii) closing your account for the Services, in accordance with Company’s policies and/or procedures in the Platform.

Company may at any time terminate if (i) you have breached any provision of these TOS (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these TOS); (ii) Company is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (iii) the provision of the Services to you by Company is, in Company’s opinion, no longer commercially viable; or (iv) Company has elected to discontinue the applicable Services relating to you (or any part thereof). We will refund any prepaid fees you paid us for Services not provided if we termination under clauses (ii)-(iv).

Upon any termination, Your right to access and use the Services will terminate. Notwithstanding the foregoing, for up to 30 days following termination, Company will use commercially reasonable efforts to permit You to access the Services solely to the extent necessary for You to retrieve a file of Your Data then in Company’s possession or control. You acknowledges and agrees that Company has no obligation to retain Your Data and that Company may irretrievably delete and destroy You Data after 30 days following the termination of the TOS.

6 - Representations, Disclaimer of Warranties, Indemnities

Each party represents and warrants to the other party that it has the power and authority to enter into these TOS. Company warrants to you that it will use commercially reasonable efforts to (a) perform the Services substantially in accordance with its documentation under normal use; and (b) provide the Services in a manner consistent with generally accepted industry standards.

For breach of the express warranty set forth above, your exclusive remedy will be the re-performance of the deficient Services. If Company cannot or does not re-perform such deficient Services as warranted and the deficiency is material, you will be entitled to recover a pro-rata portion of the fees paid to Company for such deficient Services for up to the three (3) months (or the period in which the Services were deficient, if shorter) and such refund will be Company’s entire liability. There are no warranties provided by Company for any Vendor products or services, but Vendors may provide warranties directly to Clients independently of Company and these TOS.

Company will defend, indemnify and hold you harmless against any loss, damage or costs (including reasonable attorneys’ fees) incurred in connection with claims, demands, suits, or proceedings (“Claims”) made or brought against you by a third party alleging that the use of the Services (but not Your Data) as contemplated hereunder infringes the intellectual property rights of a third party; provided, that you (a) promptly give written notice of the Claim to Company; (b) give Company sole control of the defense and settlement of the Claim (provided that Company may not settle or defend any Claim unless it unconditionally releases you of all liability); and (c) provides to Company, at Company’s cost, all reasonable assistance.

You will defend, indemnify and hold Company and its officers, employees, affiliates, successors, or assigns harmless against any loss, damage or costs (including reasonable attorneys’ fees) incurred in connection with Claims made or brought against us or such indemnitees relating to Your Data, your use of the Services, your decision or request to receive or provide any Vendor product or service (or chargebacks, refunds or other claims relating thereto not caused by Company’s misconduct), breach of this Agreement, that any Vendor product or service is defective or does not comply with applicable requirements, laws, or regulations, or personal injury, death, or property damage, unless arising from Company’s willful misconduct.

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN AND TO THE EXTENT PERMITTED BY LAW, COMPANY HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SERVICES (INCLUDING SOFTWARE) AND ANY VENDOR OR VENDOR PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUALITY. HOWEVER, THIS DOES NOT IMPACT ANY WARRANTIES PROVIDED BY VENDORS DIRECTLY TO CLIENTS.

7 - Limitation of Liability and Limited Release

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR, INACCURACY, OR UNAVAILABILITY OF ANY ASPECT OF THE SERVICES OR COST OF PROCUREMENT OF SUBSTITUTES; (B) FOR VENDOR PRODUCTS OR SERVICES, CLIENT PAYMENT OBLIGATIONS, OR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY CLIENTS OR VENDORS OR THEIR REPRESENTATIVES, (C) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, OPPORTUNITIES, SAVINGS, OR INVESTMENTS; (D) FOR ANY MATTER BEYOND IT’S REASONABLE CONTROL, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS OR LIABILITIES TO YOU, EXCEED THE FEES PAID BY YOU TO COMPANY IN THE PRECEEDING 6 MONTHS OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.

You hereby waive and release Company and its officers, employees, and affiliates from any liability caused by other users or third parties, including a Client’s Vendors or a Vendors’ Client or that is disclaimed above, unless arising solely from Company’s willful misconduct. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”