Terms of Service

Last Updated: November 29, 2025

Please read these Terms of Service ("Terms") carefully before using the Homebound mobile application (the "App") operated by Hudson Schmidt ("we," "us," or "our").

By downloading, accessing, or using Homebound, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. Acceptance of Terms

By creating an account or using Homebound, you confirm that:

• You are at least 13 years of age
• You have the legal capacity to enter into these Terms
• You agree to comply with these Terms and all applicable laws

If you are using the App on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

Homebound is a personal safety planning application that allows you to:

• Create trip or activity plans with estimated times of arrival
• Designate emergency contacts to be notified about your trips
• Check in during your activities to confirm your safety
• Receive notifications and reminders about your trips
• Alert your emergency contacts if you do not check out by your expected time

3. IMPORTANT SAFETY DISCLAIMER

3.1 Supplementary Tool Only

Homebound is designed as a supplementary safety tool to enhance your personal safety planning. It is NOT:

• A replacement for proper safety planning and preparation
• An emergency response service
• A substitute for calling 911 or emergency services
• A guarantee of rescue or emergency assistance
• A replacement for informing others of your plans in person

3.2 No Guarantee of Performance

We do not guarantee that:

• Notifications will be delivered on time or at all
• The App will function without interruption or errors
• Your emergency contacts will receive or respond to alerts
• Emergency services or search and rescue will be notified or respond
• The App will be available in all locations or conditions

3.3 Your Responsibility

You are solely responsible for your own safety. This includes:

• Making sound decisions about your activities and their risks
• Carrying appropriate safety equipment
• Informing others of your plans through multiple means
• Having backup communication methods
• Not relying exclusively on Homebound for your safety
• Checking weather, trail conditions, and other relevant information
• Having proper training and experience for your activities

3.4 Technical Limitations

The App may experience:

• Network connectivity issues
• Server downtime or maintenance
• Delayed or failed notifications
• Battery drain or device issues
• GPS inaccuracies
• Other technical failures

You acknowledge that technology can fail, and you should not depend solely on this App for critical safety communications.

3.5 Emergency Contacts

Adding emergency contacts to Homebound:

• Does not guarantee they will receive notifications
• Does not guarantee they will take action
• Does not create any obligation on their part
• Is not a substitute for personally informing them of your plans

4. Account Registration

4.1 Account Creation

To use Homebound, you must create an account using:

• A valid email address, or
• Apple Sign In

You agree to provide accurate, current, and complete information.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

4.3 One Account Per Person

Each user may only maintain one account. We reserve the right to terminate duplicate accounts.

5. User Responsibilities

You agree to:

• Provide accurate information about your trips and activities
• Keep your emergency contact information current
• Not misuse the notification system
• Not use the App for any illegal purpose
• Not interfere with the App's operation
• Not attempt to access other users' accounts or data
• Respect the privacy of your emergency contacts

6. Acceptable Use Policy

You may NOT use Homebound to:

• Send false or misleading safety alerts
• Harass, abuse, or harm others
• Impersonate any person or entity
• Violate any applicable laws or regulations
• Transmit malware or malicious code
• Attempt to gain unauthorized access to our systems
• Use the service for commercial purposes without permission
• Abuse the notification system by sending excessive or unnecessary alerts

We reserve the right to suspend or terminate accounts that violate this policy.

7. Emergency Contacts & Third-Party Communications

7.1 Consent

By adding emergency contacts, you represent that:

• You have their permission to add them as contacts
• They consent to receiving email notifications about your trips
• You have accurately represented your relationship with them

7.2 Notifications to Contacts

Emergency contacts will receive emails about your trips, including:

• Trip creation and details
• Trip start and estimated arrival time
• Check-in updates
• Trip completion
• Overdue alerts if you don't check out on time

7.3 No Obligation on Contacts

We make no representations about what actions, if any, your emergency contacts will take upon receiving notifications.

8. Intellectual Property

8.1 Our Property

Homebound, including its code, design, logos, and content, is owned by Hudson Schmidt and protected by intellectual property laws. You may not:

• Copy, modify, or distribute the App
• Reverse engineer or decompile the App
• Remove any copyright or proprietary notices
• Use our trademarks without permission

8.2 Your Content

You retain ownership of any content you create (trip notes, etc.). By using the App, you grant us a license to use this content solely to provide the service.

9. Limitation of Liability

9.1 Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• RELIABILITY OR AVAILABILITY
• ACCURACY OF INFORMATION

9.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUDSON SCHMIDT SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• ANY DAMAGES RESULTING FROM:
  • YOUR USE OR INABILITY TO USE THE APP
  • FAILURE OF NOTIFICATIONS TO BE DELIVERED
  • FAILURE OF EMERGENCY CONTACTS TO RESPOND
  • ANY INJURY, DEATH, OR PROPERTY DAMAGE
  • UNAUTHORIZED ACCESS TO YOUR ACCOUNT
  • TECHNICAL FAILURES OR INTERRUPTIONS
  • ANY THIRD-PARTY ACTIONS OR OMISSIONS

9.3 Maximum Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

9.4 Essential Purpose

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Indemnification

You agree to indemnify, defend, and hold harmless Hudson Schmidt from any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit through the App
• Your activities or trips
• Any injury or damage to yourself or others during your activities

11. Termination

11.1 By You

You may terminate your account at any time by deleting it through the App settings.

11.2 By Us

We may suspend or terminate your account at any time, with or without cause, with or without notice, including for:

• Violation of these Terms
• Fraudulent or abusive activity
• Extended periods of inactivity
• Request by law enforcement

11.3 Effect of Termination

Upon termination:

• Your right to use the App ceases immediately
• We will delete your account data
• Provisions that should survive (liability limitations, indemnification, governing law) will continue

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any claim, you agree to contact us at legal@homeboundapp.com and attempt to resolve the dispute informally for at least 30 days.

13.2 Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in California.

13.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

13.4 Exceptions

The following disputes are not subject to arbitration:

• Claims for injunctive relief
• Claims related to intellectual property
• Small claims court matters

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Updating the "Last Updated" date
• Sending a notification through the App

Your continued use after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the App and delete your account.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Hudson Schmidt regarding the App.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

15.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

15.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except as expressly provided.

16. Contact Information

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

Email: legal@homeboundapp.com

For support: support@homeboundapp.com

These Terms of Service are effective as of November 29, 2025.

BY USING HOMEBOUND, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.