EverAway LLC

Terms and Conditions of Use

Effective Date: August 2026

These Terms and Conditions (“Terms”) govern your access to and use of our mobile application and related services (“Platform”), operated by EverAway LLC (“EverAway” “we,” “us,” or “our”).

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION, WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION, AS FURTHER DESCRIBED BELOW IN SECTION 29.

By downloading, accessing, or using our Platform, you agree to be legally bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, do not access or use the Platform.

1. Eligibility.

By using the Platform, you affirm that you are: at least 21 years of age (or the age of majority in your jurisdiction); legally capable of entering into binding contracts; and using the Platform for lawful purposes only. Accounts may be created by homeowners seeking home watch services (“Homeowners”), and/or home watchers offering professional Property-related services as independent contractors (“Home Watchers”). As used in these terms, the “Property” is the physical property that Homeowner makes available to a Home Watcher to receive certain Home Watcher services.

2. Description of Services.

EverAway provides Property observation, reporting, and approved custom household tasks. EverAway is a neutral venue for Homeowners and Home Watchers. EverAway is not a Home Watcher and, except for emergency phone support and other resources and support specifically described in these Terms, does not provide home watching services.

For clarification, Home Watching services do not include Property management, construction, repairs, deep cleaning, medical or elder care services, or prohibited services listed in our Prohibited Services Policy, including, without limitation, childcare or babysitting, pet care or animal-related services, any work requiring a license (such as plumbing, electrical work, HVAC services, and pest control), any ladder or roof work, use of chemicals (cleaners, pesticides, pool treatments, fertilizers), off-Property errands, or any other activity that poses safety, legal, or insurance risks (in EverAway’s sole discretion).

The Platform provides:

For Homeowners: Booking, scheduling, monitoring, live video check-ins, secure messaging, and payment for services. You may not request tasks listed in the EverAway Prohibited Services Policy set forth in the Platform. You must provide safe, lawful, and hazard-free access to your Property for Home Watchers, including but not limited to notice of alarms, pets, and potentially dangerous conditions. You authorize Home Watchers to take photographs and videos in and around your Property for the purpose of Visit management and Visit tracking. You release EverAway from any liability for Home Watchers use of such photographs and videos. EverAway does not store any videos taken by Home Watcher and such videos may be shared live with Homeowner. As used herein, a “Visit” is a transaction between Homeowner and Home Watcher whereby Home Watcher visits the Property and performs the requested services for the fees, time period, and work described therein at the time of booking such Visit.

For Home Watchers: Visit management, checklist automation, visit tracking (including photos and videos captured during visits), and performance reporting. You may not perform tasks listed in the EverAway Prohibited Services Policy set forth in the Platform. Performing prohibited or unsafe tasks, or failing to perform booked services may result in immediate removal from the Platform. Home Watchers must limit Property access to the scheduled visit window and must safeguard all keys, codes, and Homeowner information.

The availability of services is subject to Home Watcher coverage in your area. The Platform may display “Not yet available in your area” messages in regions not yet activated. All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. Once you complete a Visit, you agree to honor the price and other terms of that Visit, as acknowledged in the Platform.

3. Account Registration and Responsibilities.

To access core features, you must create an account and provide accurate, current, and complete information. You agree to keep this information up to date; failure to do so may result in termination of your account or an inability to access account restricted areas on the Platform.

By creating an account, you agree to maintain the confidentiality of your login credentials, not share your account or impersonate others, and update your information promptly if it changes. You agree to notify EverAway of any suspected breach of security or unauthorized use of your account.

Your account is for your personal use only. You may not authorize others to use your account, and your account is not transferable or sublicensable to third parties. You obtain no ownership rights in the Platform or any content contained therein by creating an account. Instead, you are given a license to use our Platform in accordance with these Terms. The license to the Platform, and any information regarding your use of the Platform, will be valid so long as you remain in compliance with these Terms. However, we may retain and use the information about your use of the Platform as set forth in our Privacy Policy and our other policies.

Each time you use your password or identification, you will be deemed to be authorized to access and use account restricted areas on the Platform in a manner consistent with these Terms and we have no obligation to investigate the authorization or source of any such access or use of the Platform.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE PLATFORM AND YOUR ACCOUNT BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE PLATFORM OR YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

We reserve the right to suspend or terminate accounts that violate these Terms or pose security risks.

4. Account Inactivity Policy.

EverAway may suspend, deactivate, or close a Homeowner account if the account remains inactive for a continuous period of one (1) year. “Inactive” means the Homeowner has not logged into the Platform, booked, accepted or completed a Visit, sent or received messages through the Platform, or otherwise used the account in a meaningful way during that period. EverAway may attempt to notify the Homeowner before closure of an inactive account, but is not required to do so.

EverAway may hide, restrict, pause, archive, or deactivate inactive accounts, profiles, listings, properties, payment methods, or stored information, with or without prior notice, subject to applicable law.

EverAway may require an inactive Homeowner and Home Watcher account holders to complete re-verification, profile updates, payment method updates, onboarding refresh steps, or other reactivation requirements before re-storing access or visibility.

5. Home Watcher Account Disablement.

EverAway may temporarily suspend, place on hold, restrict, or permanently deactivate a Home Watcher account for any reason, including (without limitation) for suspected fraud, theft, violence, threats, other safety concerns, policy violations, repeated customer complaints, falsified Visit reports, falsified GPS or photographs, misuse of keys or other access credentials, unlawful conduct, or any conduct that may expose EverAway, Homeowners, or other users to risk or liability, or for no reason, at any time, without notice to Home Water.

Before permanent deactivation, EverAway may (but is not obligated to) provide the Home Watcher with prior notice of the reason for the proposed action, except where immediate deactivation is necessary for safety, fraud prevention, legal compliance, or protection of the Platform, where EverAway will provide notice as soon as reasonably practical. Everway may provide an opportunity to submit additional information, documentation, or an appeal within five (5) business days after such notice. A temporary hold may remain in effect while EverAway reviews the matter. EverAway may review the appeal in its sole discretion and may uphold, reverse, or modify the decision. EverAway’s decision shall be final. During any such review period, the Home Watcher may be restricted from accepting or completing Visits.

6. Disablement of Homeowner Account.

EverAway may temporarily suspend, place on hold, restrict, or permanently deactivate a Homeowner account for any reason, including (without limitation) for suspected fraud, theft, violence, threats, other safety concerns, policy violations, repeated complaints, unlawful conduct, or any conduct that may expose EverAway, Home Watchers, or other users to risk or liability, or for no reason, at any time, without notice to Homeowner.

If EverAway suspends, deactivates, or closes a Homeowner account, the Homeowner’s right to access or use the Platform shall immediately terminate. Upon suspension or closure of a Homeowner account, the Homeowner may immediately lose access to all account information, messages, booking history, Visit reports, photographs, videos, saved properties, saved payment methods, and any other content associated with the account. EverAway shall have no obligation to maintain, store, provide, export, or permit access to any photographs, videos, Visit reports, messages, or other account content following suspension or closure of a Homeowner account.

EverAway may permanently delete all or part of a Homeowner account and any associated photographs, videos, Visit reports, messages, and other content at any time following account closure, without further notice. EverAway may retain, archive, anonymize, or restrict access to any photographs, videos, Visit reports, messages, or other account content for a period determined by EverAway in its sole discretion and in accordance with applicable law, including (but not limited to) where required for legal, safety, fraud-prevention, tax, insurance, regulatory, dispute-resolution, operational, or recordkeeping purposes.

If a Homeowner account is closed, any pending or future Visits may be canceled. EverAway may notify affected Home Watchers of the cancellation or closure and may provide such Home Watchers with information reasonably necessary to administer, cancel, or resolve pending Visits.

Closure of a Homeowner account shall not relieve the Homeowner of any outstanding payment obligations, chargebacks, fees, indemnification obligations, or liabilities arising prior to or after account closure.

A Homeowner whose account has been closed may contact EverAway to request a copy of any account information or content that EverAway elects to make available. EverAway is not obligated to provide any such information and may deny any request in its sole discretion, except where otherwise required by applicable law.

7. User Conduct.

You may use the Platform only for lawful purposes. The Platform and use of our Platform is subject to, and you agree that you will at all times comply with all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the

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Platform. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

Users must not: use the Platform for any fraudulent, harmful, or illegal activity; interfere with the performance or integrity of the system; upload or transmit malicious code or unsolicited content; and/or exploit, copy, or reverse-engineer any part of the Platform. We reserve the right to report any illegal activity to law enforcements, and to pursue any other rights and remedies under the Terms or law and equity. We reserve the right to suspend or terminate accounts that violate these Terms or pose security risks or any risk of illegal activity.

8. Home Watcher Minimum Standards and Onboarding Requirements.

To create and maintain a Home Watcher account, a user may be required to satisfy minimum onboarding and eligibility requirements established by EverAway, including identity verification, background screening, profile completion, expertise or service-category declarations, pricing setup, training acknowledgments, documentation submission, and any other requirements communicated through the Platform.

EverAway may deny, suspend, restrict, or terminate any Home Watcher account that fails to satisfy or maintain such requirements.

Any screening, verification, or onboarding activity conducted by EverAway does not constitute an endorsement, guarantee, certification, warranty, employment relationship, or representation that a Watcher is qualified, licensed, safe, trustworthy, or suitable for any particular Property or Visit.

9. Independent Contractor Relationship and Home Watcher Disclaimers.

Home Watchers are independent service providers and shall remain independent contractors at all times. Nothing in these Terms creates an employer-employee, agency, partnership, joint venture, franchise, or legal representative relationship between a Home Watcher and EverAway, and no Home Watcher may bind EverAway contractually. Home Watchers operate as self-employed independent businesses and are compensated as 1099 independent contractors, not W-2 employees. EverAway does not employ, supervise, or guarantee their services.

Because Home Watchers are independent contractors, they are not eligible for workers' compensation, unemployment benefits, health insurance, retirement plans, paid leave, overtime, minimum guaranteed earnings, or any other employee benefit offered by EverAway.

Home Watchers may accept, reject, or ignore any Visit or assignment offered through the Platform. EverAway does not guarantee any minimum number of Visits, assignments, hours, or earnings. Home Watchers may work for competitors, operate an independent business, and perform services for other companies or individuals.

Home Watchers control their own schedules and, Homeowner instructions, and EverAway standards completion of booked services, control the means subject  to  these  Terms,  applicable law, for  quality,  safety,  Platform  use,  and and  methods  used  to  perform  services.

EverAway provides a technology platform connecting Homeowners with independent Home Watchers and does not direct or control the manner or means by which Home Watchers perform services.

Home Watchers may perform only the non-skilled home watch and household tasks permitted through the Platform. Home Watchers shall not perform any prohibited, unsafe, licensed, or otherwise restricted service identified in these Terms, the Prohibited Services Policy, or other applicable EverAway policies.

Home Watchers are compensated per completed Visit based on the pricing and fees accepted through the Platform. No hourly wage, salary, minimum compensation, or continuing engagement is guaranteed.

Unless otherwise agreed in writing, Home Watchers are responsible for their own business expenses, including vehicle, fuel, smartphone, internet service, equipment, supplies, insurance, licenses, and taxes. EverAway will not withhold income taxes, Social Security, or Medicare, and each Home Watcher is solely responsible for all taxes and other obligations arising from their independent business activities.

Home Watchers are responsible for maintaining any insurance required by law or by EverAway policies. Any occupational accident, liability, or other coverage that may be made available, facilitated, or required in connection with the Platform does not create or evidence an employment relationship with EverAway.

Home Watchers must protect Homeowner information, Property access credentials, and confidential or non-public Platform information in accordance with these Terms and EverAway policies.

To the extent permitted by applicable law, a Home Watcher shall not intentionally solicit a Homeowner first introduced to that Home Watcher through EverAway for the purpose of bypassing the Platform to provide substantially similar services outside the Platform for twelve (12) months following the Home Watcher's most recent Visit for that Homeowner.

Home Watchers must comply with all applicable laws, Homeowner instructions, these Terms, the Prohibited Services Policy, and other EverAway Platform standards and policies. A Home Watcher may stop using the Platform at any time, and EverAway may suspend, restrict, or deactivate a Home Watcher account as provided in these Terms. Obligations that by their nature should survive termination or deactivation, including confidentiality, payment, indemnification, and applicable non-solicitation obligations, shall survive.

Background checks, identity verifications, and credential validations are conducted using third - party providers to enhance security, but EverAway shall have no liability for their completeness or accuracy. Similarly, EverAway does not endorse reviews of Home Watchers by other Homeowners that may be available via the Platform, and Home Watchers makes no commitments that such reviews are accurate or legitimate. Homeowners are solely responsible for evaluating the suitability of Home Watchers for the services they offer to provide.

Home Watchers are responsible for their own taxes, licensing, and compliance with applicable laws. While we may facilitate disputes regarding completion of services, including through functionality within the Platform, EverAway may review and resolve claims regarding completion of services as provided in these Terms. Homeowners must report disputes regarding completion of services within forty-eight (48) hours after the Visit report is made available. EverAway assumes no liability for the acts or omissions of Home Watchers except as otherwise required by applicable law.

10. Physical Access, Keys, and Access Credentials.

Home Watchers may receive access to keys, gate codes, alarm codes, lockbox combinations, garage codes, smart lock credentials, building access instructions, and other access information solely for the purpose of completing an authorized Visit. Home Watchers shall not copy, duplicate, photograph for personal use, store outside the Platform, share, disclose, sell, transfer, misuse, or permit unauthorized access to any key, access device, or access credential. A Home Watcher shall not enter, attempt to enter, or return to a Property except during an authorized Visit or with the Homeowner’s express permission as recorded through the Platform or otherwise documented. A Home Watcher must immediately notify EverAway and the Homeowner if any key, credential, or access device is lost, copied, compromised, stolen, disclosed, or reasonably believed to have been accessed by an unauthorized person.

Homeowners are solely responsible for changing, reissuing, revoking, or invalidating any key, code, credential, or other access method if a Home Watcher is removed, deactivated, reassigned, or no longer authorized to access the Property.

EverAway may store alarm codes, gate codes, lockbox combinations, smart lock credentials, building instructions, and other Property access information submitted by Homeowners in connection with the Platform. EverAway shall protect such information using commercially reasonable technical and organizational security measures, including, where appropriate encryption, access controls, authentication requirements, logging, and other security measures determined by EverAway in its sole discretion. Access credentials may be made available only to those Home Watchers, personnel, service providers, or systems that require such access for authorized Platform operations, booked Visits, security, support, compliance, or dispute-resolution purposes. EverAway may retain, restrict, revoke, or delete access credential information when a Property is removed, an account is deleted, a Visit is completed, a Watcher’s relationship to a Property ends, or as otherwise determined by EverAway for security, legal, operational, or compliance reasons.

11. Emergency Protocols.

In the event of an emergency, including but not limited to fire, flooding, active leak, storm damage, break-in, gas leak, smoke, visible criminal activity, dangerous conditions, or medical emergency, the Home Watcher shall immediately stop all non-emergency activities and take reasonable steps to protect personal safety and, if safe to do so, limit imminent harm to the Property.

The Home Watcher shall contact emergency services first if reasonably necessary under the circumstances and shall then promptly notify the Homeowner and EverAway through the Platform or any designated emergency reporting method.

Except as reasonably necessary to prevent imminent harm to persons or significant damage to the Property, the Home Watcher shall not perform repairs, confront third parties, enter unsafe areas, or take action beyond observation, documentation, emergency reporting, and any other steps expressly authorized by EverAway or the Homeowner.

If safe to do so, the Home Watcher shall document the condition through photographs, videos, notes, and timestamps and submit such information to EverAway within twenty-four (24) hours.

EverAway is not an emergency response service and does not guarantee dispatch, monitoring, law enforcement response, immediate intervention, or property protection.

12. Non-Discrimination Policy.

EverAway is committed to maintaining a fair, respectful, and inclusive Platform. Homeowners and Home Watchers shall not discriminate against, harass, refuse service to, exclude, profile, or otherwise treat any person unfairly on the basis of race, color, ethnicity, national origin, ancestry, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, age, disability, medical condition, military status, or any other characteristic protected by applicable law.

Homeowners and Home Watchers shall interact with one another in a respectful, professional, and lawful manner. Violations of this policy may result in content removal, account restriction, suspension, or permanent deactivation.

13. Payments, Pricing, and Commission.

EverAway does not store full payment card numbers, CVV codes, card expiration details, or full bank account information. Payment processing is handled by PCI-DSS-compliant third-party payment processors, currently Stripe. EverAway may receive and retain limited payment-related information from the processor, such as transaction identifiers, payment status, payment method type, and masked or partial payment information, as reasonably necessary for billing, refunds, chargebacks, fraud prevention, accounting, support, and legal or compliance purposes.

Platform Fees: The Homeowner acknowledges that the total amount charged may include an EverAway Platform fee. The Platform fee supports the operation of the Platform and may be used to cover various costs associated with providing the services, including but not limited to technology infrastructure, payment processing, customer support, fraud prevention, insurance - related expenses, background checks, identity verification, safety and trust measures, dispute resolution, and general business operations. By booking a Visit with a Home Watcher, the Homeowner agrees to pay the total amount displayed at checkout. EverAway may deduct a commission, Platform fee, service fee, payment processing fee, or other disclosed charge from the amount paid by the Homeowner or from the amount otherwise payable to the Home Watcher, as applicable. EverAway may change its fees, commissions, or pricing structure from time to time, and any such changes shall apply prospectively unless otherwise permitted by applicable law.

For Homeowners: Payments for services must be made via the Platform using integrated gateways. Pricing is based on factors including Property size, visit type, add-ons, selected service options, and other applicable factors. Storm preparation and emergency visits may incur surge pricing. Homeowners are responsible for paying the price of the selected service, plus any applicable Platform fees, taxes, and other charges disclosed at the time of booking. By confirming a booking, you authorize us to charge the stated amount and agree to pay such amount.

For Home Watchers: Home Watchers establish their own pricing through the application based on the visit duration categories. Earnings are based on the pricing selected by the Home Watcher for accepted service requests. Applicable payment processing fees and other fees, such as background check fees, insurance fees, or other service-related fees, may be deducted from payments. Payments are issued in accordance with the Platform’s payment policies following verification of visit completion. No payment is issued for Failed Visits or cancelled Visits. If a visit cannot be completed after work has begun, the Watcher may receive partial payment based on the services performed before the visit ended. Homeowners may rate Home Watchers on the Platform. Platform ratings may impact Homeowner selection of Home Watchers.

Tips: The Platform may permit Homeowners to provide an optional tip to a Home Watcher in connection with a completed Visits. Tips are voluntary, are not required to book or receive services, and shall be charged to the Homeowner’s saved payment method if the Homeowners affirmatively selects a tip amount through the Platform. Unless otherwise disclosed in the Platform, EverAway does not claim ownership of tips and shall remit tips to the applicable Home Watcher, subject to payment processing, fraud review, chargebacks, and other deductions permitted by these Terms or applicable law. Once submitted, a tip is final and non-refundable except where required by applicable law or where EverAway determines in its sole discretion that reversal is appropriate due to fraud, duplicate charge, error, or misuse.

14. Visit Verifications.

Failed Visits or Incomplete Visits may result in withholding, reduction, reversal, or cancellation of any payout to the Home Watcher and may result in a refund, partial refund, account credit, rescheduled Visit, or other remedy to the Homeowner, as determined by EverAway in its sole but reasonable discretion, based on the portion of the Visit completed.

A “Failed Visit” means a Visit in which the Home Watcher: (a) did not arrive at the Property; (b) checked in at the wrong Property; or (c) otherwise failed to reasonably demonstrate that the Visit occurred.

A “Incomplete Visit” means a Visit in which (a) fifty percent (50%) of the required checklist items or selected services were not completed; (b) where required photographs, videos, notes, or other required proof-of-completion elements were not completed or submitted prior to checkout; or (c) EverAway cannot reasonably confirm performance due to missing, incomplete, inconsistent, or conflicting evidence, including but not limited to missing GPS data, missing timestamps, inability to confirm the correct Property, or discrepancies between submitted documentation and the services requested.

The Homeowner must report any claim relating to a Failed Visit or Incomplete Visit within forty - eight (48) hours after the Visit report is made available. Claims submitted after such period may be denied.

EverAway may require either party to provide additional evidence, including photographs, videos, timestamps, GPS records, chat messages, receipts, or other documentation. Failure to provide requested evidence within the time period specified by EverAway may result in denial of the claim or resolution of the dispute based solely on the information available. EverAway shall determine whether a Visit is a Completed Visit, Failed Visit, or Incomplete Visit based on the available evidence and the agreed scope of services. EverAway’s determination shall be final and binding except where otherwise required by applicable law.

A “Completed Visit” means a Visit for which the Home Watcher has: (a) checked in at the Property within the scheduled service window; (b) provided a GPS-confirmed location within 250 feet of the Property; (c) uploaded all required check-in and check-out photographs with timestamps; (d) completed 100% of all required checklist items and selected services; and (e) submitted all required photographs, videos, notes, and other documentation prior to ending the Visit.

15. Cancellation and Refund Policy.

All Fees are nonrefundable except as may be provided expressly herein.

Homeowners may cancel scheduled services up to 24 hours in advance for a full refund. Refunds, where applicable, will be processed via the original payment method within 7 to 10 business days. Late cancellations or missed visits due to incorrect or unsafe access information are non-refundable.

Home Watchers may cancel accepted visits through the platform. Repeated cancellations, late cancellations, or failure to complete accepted visits may result in reduced visibility on the platform, lower ratings, suspension, or termination of the Home Watcher’s account.

16. Privacy; Data Use; Feedback.

Your access and use of our Platform is also governed by our Privacy Policy. Please review our Privacy Policy. By using the Platform, you consent to the collection, use, and sharing of your personal information as described in our Privacy Policy. Key personal information includes: personal details (name, contact information); GPS location (for check-ins and Visit validation); videos, photos, and Visit reports, which may be stored by EverAway and made available to users through the Platform; and Property data and messaging logs. You represent and warrant that any information you provide in connection with the Platform is and will remain accurate and complete, and that you will maintain and update such information as needed. You must always get written permission from all persons named, identified, referred or alluded to, either explicitly or implicitly, in any such information you provide in connection with the Platform and, if required, provide us with such written permission upon our request. This includes getting permission from parents or guardians if the person is under the age of 18.

We reserve the right, and you authorize us, to use and assign all information regarding the Platform uses by you and all information provided by you in any manner consistent with our Privacy Policy.

We own and shall continue to own all right, title and interest in and to all aggregate or deidentified data and any statistical information, benchmarking, comparison, and other analytics or analyses created or developed by us from performance and usage data generated through your use of the Platform. As used in these Terms, “aggregate” means individual identities have been removed, such that the information is not linked or reasonably linkable to any person or household, including via a device. As used in these Terms, “de-identified” means the information cannot reasonably be used to reasonably identify, relate to, describe, be capable of being associated with, infer information about, or otherwise be linked, directly or indirectly, to a particular person (individual or entity), device, or computer and for which we will: (i) take reasonable measures to ensure that the information cannot be associated with a person (individual or entity); (ii) commit to maintain and use the information in the de-identified form and not to attempt to re-identify the information, except as may be permitted by applicable privacy laws; and (iii) contractually obligate any recipient of the information to comply with these obligations.

If you provide us any suggestions, ideas, proposals, comments, feedback or other information (“Feedback”), whether related to the Platform or otherwise, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third - party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Feedback, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Feedback that you may have under any applicable law under any legal theory. You acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation. You represent and warrant that you have all rights necessary to grant the licenses granted in this Section and that your Feedback, and your provision of Feedback through and in connection with the Platform, do not violate any terms or conditions of these Terms, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third-party.

17. Review and Rating Policy.

The Platform may allow Homeowners and Home Watchers to submit ratings, reviews, responses, and other Feedback regarding completed Visits.

Reviews and ratings must be truthful, based on actual experience, related to a real Visit, and must not be false, misleading, retaliatory, defamatory, abusive, discriminatory, fraudulent, extortionate, irrelevant, or otherwise violate these Terms or applicable law.

EverAway may moderate, restrict, refuse to publish, remove, edit for formatting or length, hide, or permanently delete any review, rating, response, photograph, or related content in its sole discretion.

Homeowners and Home Watchers may not offer, request, solicit, provide, or accept compensation, discounts, refunds, threats, leverage, or other improper incentives in exchange for a review or rating or for the modification or removal of a review or rating.

A Homeowner or Home Watcher may request review of a rating or review believed to violate these Terms by submitting a request through the Platform within fourteen (14) days after the content is posted, together with any supporting information reasonably requested by EverAway. In such cases, EverAway may (but is not obligated to) investigate disputed reviews and may maintain, remove, modify, or decline to remove any review or rating in its sole discretion.

Ratings and reviews may affect Home Watcher visibility, ranking, eligibility for features, Homeowner selection decisions, eligibility for future Visits, and continued access to the Platform.

18. Recording Consent and Live Video.

By using the Platform, Homeowners and Home Watchers consent to the creation, transmission, receipt, storage, review, and use of live video calls, audio communications, photographs, screenshots, saved recordings, and other media created through or in connection with the Platform and any Visit.

Homeowners acknowledge and agree that Home Watchers may capture photographs, recordings, and video inside or around the Property as part of performing a Visit and preparing a Visit report.

Home Watchers acknowledge and agree that Homeowners may view, save, download, retain, screenshot, share, and use such media for personal, property-management, safety, insurance, legal, and dispute-resolution purposes.

EverAway may store such media for the retention periods described in these Terms or for such longer period as reasonably necessary for safety, operational, legal, insurance, audit, or compliance purposes, including compliance with applicable law.

19. Data Retention and Right to Deletion.

EverAway may retain account information, identity verification records, Visit history, messages, payment records, access logs, GPS data, photographs, videos, recordings, reports, reviews, and other Platform data while an account remains active and for up to twelve (12) months after account deletion, unless a longer retention period is required or permitted by law or is reasonably necessary for fraud prevention, dispute resolution, legal compliance, tax, insurance, safety, audit, enforcement, or other legitimate business purposes.

Homeowners and Home Watchers may request deletion of their respective account in the manner provided through the Platform or by another method designated by EverAway.

Account deletion requests shall not require EverAway to immediately delete all associated data. EverAway may retain information for up to twelve (12) months after account deletion and may retain specific information for a longer period where required or permitted by law or reasonably necessary to investigate claims, resolve disputes, prevent fraud, enforce these Terms, protect users, satisfy tax, insurance, audit, or regulatory obligations, or maintain required business records.

20. Push Notifications and Communications.

You agree to receive: service notifications, alerts, and updates via in-app push notifications, SMS, or email; marketing and promotional communications, and communications related to service activity, security, billing, and support. You may manage preferences in your account settings, but some operational alerts may be mandatory.

We do not charge any of our users additional fees to send or receive text messages. Nevertheless, your mobile carrier may charge fees for these same messages, and your message and data rates with your mobile carrier may apply. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. All charges are billed by and payable to your wireless carrier. Message frequency varies.

21. Third-Party Services.

The Platform integrates third-party services for: identity verification, payments (currently through Stripe), video streaming and photo uploading (currently through Twilio), messaging, and Storage. Your use of these services is subject to their respective terms of service and privacy policies. The various third-party services may be changed from time-to-time.

The Platform may contain links to other third party websites and services. We do not intend such links to be referrals or endorsements of the linked entities, nor do we warrant, endorse, or approve any linked information or entity; and the existence of any particular link is simply intended to imply potential interest to the reader.

If, in your interactions with the Platform, you are linked or directed to, or click on, a third -party website or third party service, we cannot control what information you may provide to that party or on that website, and we are not responsible for how that party may use or disclose any information you may provide to them. This is not as an endorsement by us of any third -party website, content that may be offered on such third-party website, or of any products or services provided by such third-party. We do not control, nor are we responsible for, such third-party website, product or service offerings. As such, we urge that you exercise caution before providing them with your information and to review the third-party’s policies and procedures.

You should contact the website administrator for such third-party website if you have any complaints, claims, concerns or questions regarding such third-party website or its privacy practices.

22. Intellectual Property.

All Platform content, including software, branding, designs, and reports, but excluding any User Content, is the exclusive property of EverAway. You may not: reproduce, redistribute, or alter any component; and/or use our trademarks without written consent. Violation may result in immediate account termination and legal action.

All information you provide through or upload to the Platform (“User Content”), is your exclusive property. You represent and warrant that you own all right, title and interest, or have secured a lawful and permissible license, in and to User Content, including all copyrights and rights of publicity contained therein. You hereby grant EverAway and its affiliated companies, successors, and assigns a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Platform or the service in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

23. Warranty Disclaimers.

THE PLATFORM AND ALL INFORMATION PROVIDED ON THE PLATFORM IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK. EVERAWAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE PLATFORM SHALL BE TO DISCONTINUE USING THE PLATFORM.

24. Limitation of Liability.

To the maximum extent permitted by law, EverAway shall not be liable for: losses or damages resulting from Home Watcher services or user conduct; interruptions, data loss, or app errors; and/or injuries, theft, or Property damage relating to service visits, including traveling to and from service visits. The Platform and related services are provided “as-is” without warranties, express or implied. EverAway is not an insurer and Homeowners are solely responsible for maintaining property, casualty, and/or liability insurance for their properties. Likewise, Home Watchers are solely responsible for maintaining liability and/or other appropriate insurance for their services.

You agree that UNDER NO CIRCUMSTANCES WILL EverAway or any of its officers, members, managers, employees, and/or affiliates BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR PLATFORM, YOUR USE OF OR INABILITY TO USE THE PLATFORM, OR ANY CONTENT PROVIDD THROUGH THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, CONTENT OR ANY SERVICES ON THE PLATFORM IS TO CEASE ALL OF YOUR PLATFORM USE.

These limitations of liability shall apply even if a limited remedy fails of its essential purpose. The limitation of liability herein applies to all liabilities in the aggregate, including, without limitation, those resulting from your use or your inability to use the Platform, or from any third party websites, including from any virus that may be transmitted in connection therewith, or any other matter arising from or relating to the Platform. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you. In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then EverAway’s liability arising in connection with the Platform, or under these Terms whether in contract, tort (including without limitation negligence, strict liability and other actions in contract or tort) or otherwise, shall be strictly limited to, in the case of a Homeowner, the amount paid to EverAway for the services which gave rise to such claim, complaint or petition for damages, or, in the case of a Home Watcher, the amount received from EverAway for the services giving rise to such claim, complaint or petition for damages.

25. Indemnification.

You agree to defend, indemnify and hold harmless EverAway, its officers, members, managers, employees, and affiliates from any claims, damages, losses, or legal fees and costs arising out of or relating to: your use of or inability to use the Platform; your receipt or provision of any services, your breach of these Terms; any harmful acts or other activities of yours accomplished in connection with the provision or receipt of services or the Platform; and/or your interactions with other users. Notwithstanding the foregoing, we reserve the right, at our option and at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

26. Termination and Suspension.

We may terminate these Terms or the Platform, or suspend or terminate your access (including blocking certain IP addresses) to the Platform or any portion thereof, with or without notice, for any reason at any time, including for breach of these Terms, fraudulent behavior, posting of lewd photos or videos or other lewd or immoral or improper behavior, at our sole discretion, and/or any legal or regulatory obligations. Upon termination, your right to use the Platform and receive services ceases immediately and we may, without liability to you or any third-party, immediately deactivate or delete all associated materials, without any obligation to provide any further access to such materials. Termination of this Agreement shall not limit EverAway from pursuing other remedies available to it, including injunctive relief, nor shall such termination relieve any obligation to pay the remaining balance or outstanding fees that have accrued or are otherwise owed by you under these Terms. Any provision of these Terms which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms, will survive the termination or expiration of these Terms and continue in full force and effect thereafter.

27. App Store and Google Play Disclosures.

This Platform is distributed through the Apple App Store and Google Play. By downloading the app, you also agree to comply with Apple’s App Store Terms of Service and Google Play Developer Policies, acknowledge that Apple and Google are not parties to these Terms nor responsible for the Platform’s support, and there is no partnership between EverAway and Apple or Google.

28. Force Majeure.

EverAway, Homeowners, and Home Watchers shall not be liable for any delay, interruption, cancellation, failure to perform, or inability to access or use the Platform caused by events beyond such party’s reasonable control, including natural disasters, hurricanes, severe weather, flooding, fires, acts of God, pandemics, public health emergencies, utility failures, internet or telecommunications outages, labor disputes, civil unrest, war, terrorism, governmental actions, transportation disruptions, or other force majeure events.

EverAway may, in its sole discretion, suspend or limit services in affected areas and may cancel, reschedule, or modify Visits due to such events.

29. Arbitration and Governing Law.

All disputes will be governed by the laws of the State of Florida, without regard to conflict of law principles.

The parties shall attempt to resolve any disputes through good faith business negotiations. You agree to resolve any claims or disputes with EverAway through binding arbitration, with a single arbitrator, in Hillsborough County, Florida by and in accordance with the then effective commercial rules of the American Arbitration Association or JAMS and consent to the service of process by mail as provided in these Terms or by any other method permitted by applicable law. The costs of the arbitration and the reasonable attorneys’ fees of the prevailing party shall be included in any award rendered by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction thereof. Neither party shall disclose the existence or result of any arbitration proceeding without the prior written consent of the other party.

Any arbitration of a claim will be on an individual basis, and at each party’s own expense. You understand and agree that you are waiving the right to participate as a class representative or class member in a class action lawsuit.

30. Modification of Terms.

These Terms are effective on the “Effective Date” above. We may update these Terms at any time. Changes to these Terms will be made by updating links to these Terms through the Platform. Any such modifications shall be effective immediately. Please visit these Terms regularly to read the current version to determine if any changes have been made. Continued use of the Platform after changes indicates your unconditional acceptance of these Terms, including any changes or modifications.

31. Notices.

EverAway may give notice by means of a notification on the Platform or through electronic mail to your e-mail address on file with EverAway, or by written communication sent by first class mail or pre-paid post to your address on file with Company. You may give notice to EverAway at any time by contacting us at our email or mailing address provided in Section 33 below. All notices shall be deemed to have been given five days after emailing or mailing if sent by first class mail. Any notice of material breach shall clearly define the breach including the specific contractual obligation that has been breached.

32. Severability.

The invalidity or unenforceability of any provision of these Terms shall not affect or impair any other provisions in these Terms.

33. Contact Information.

For any questions, concerns, or feedback, contact:

Email: administrator@everaway.com

By tapping “I Agree,” you confirm that you have read, understood, and agree to these Terms and Conditions.