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Terms of Service

Last Updated: May 4, 2023

1. Introduction and Acceptance of Terms

Welcome to OpenHaus. These Terms of Service ("Terms") govern your access to and use of the OpenHaus website, mobile application, and services (collectively, the "Platform"), operated by Goldspan Labs Inc. ("we," "us," or "our").

Please read these Terms carefully before using our Platform. By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Platform.

OpenHaus provides a platform for users to discover, discuss, and share information about real estate listings. We are not a real estate broker, agent, or advisor, and we do not provide real estate services.

2. Account Registration and User Responsibilities

2.1 Account Creation

To access certain features of our Platform, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your account.

2.2 Age Requirements

You must be at least 18 years old to create an account and use our Platform. By creating an account, you represent and warrant that you are at least 18 years old.

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

3. User Content and Conduct

3.1 User Content

Our Platform allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post on or through our Platform, including its legality, reliability, and appropriateness.

3.2 Content License

By posting User Content on or through our Platform, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods now known or later developed. This license allows us to make your User Content available to the rest of the world and to let others do the same.

3.3 Content Restrictions

You agree not to post User Content that:

  • Is false, misleading, or deceptive
  • Is defamatory, obscene, pornographic, vulgar, or offensive
  • Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
  • Is violent or threatening or promotes violence or actions that are threatening to any person or entity
  • Promotes illegal or harmful activities or substances
  • Infringes upon or violates the intellectual property rights or other rights of any person or entity
  • Violates the privacy or publicity rights of any third party
  • Contains software viruses or any other code designed to disrupt, damage, or limit the functioning of any software or hardware

3.4 Content Monitoring and Enforcement

We have the right, but not the obligation, to monitor, edit, or remove any User Content. We also have the right to terminate your access to all or part of the Platform for any violation of these Terms. We take no responsibility and assume no liability for any User Content posted by you or any third party.

3.5 Feedback

If you provide us with any feedback or suggestions regarding the Platform ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate.

4. Intellectual Property Rights

4.1 Platform Content

Unless otherwise indicated, the Platform and all content and other materials on the Platform, including, without limitation, the OpenHaus logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, "Platform Content") are the proprietary property of OpenHaus or our licensors and are protected by U.S. and international copyright laws.

4.2 Limited License

Subject to your compliance with these Terms, OpenHaus grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Platform Content solely for your personal and non-commercial purposes.

4.3 Trademarks

"OpenHaus," the OpenHaus logo, and any other OpenHaus product or service names, logos, or slogans that may appear on the Platform are trademarks of OpenHaus and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

5. Platform Rules and Restrictions

In addition to other restrictions outlined in these Terms, you agree that you will not:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the Platform
  • Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose
  • Use any manual process to monitor or copy any of the material on the Platform
  • Use any device, software, or routine that interferes with the proper working of the Platform
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform
  • Impersonate or attempt to impersonate OpenHaus, an OpenHaus employee, another user, or any other person or entity
  • Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform

6. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT PROVIDED ON OR THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OPENHAUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

OPENHAUS MAKES NO WARRANTY THAT: (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OPENHAUS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless OpenHaus, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Content, any use of the Platform's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.

9. Termination

We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Platform, or you may contact us at support@goldspanlabs.com.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Governing Law and Dispute Resolution

These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11. Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

12. Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

13. Entire Agreement

These Terms, our Privacy Policy, and any other agreements expressly incorporated by reference herein constitute the sole and entire agreement between you and OpenHaus regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Goldspan Labs Inc.
123 Innovation Drive
San Francisco, CA 94107

Email: legal@goldspanlabs.com
Phone: (555) 123-4567