The legal agreement between you and HomeFio governing your access to and use of the Platform.
These Terms of Service ("Terms") constitute a legally binding agreement between you and HomeFio Technologies Inc., a Delaware corporation ("HomeFio," "Company," "we," "us," or "our"), governing your access to and use of the HomeFio platform, website located at www.homefio.com, mobile applications, and all related services, tools, features, and functionalities (collectively, the "Platform").
BY ACCESSING, BROWSING, OR USING THE PLATFORM, OR BY CLICKING "I AGREE" OR "ACCEPT" WHEN PROMPTED, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.
These Terms include a binding arbitration provision and a class action waiver in Section 15, which affect your rights regarding the resolution of disputes. Please read Section 15 carefully.
For purposes of these Terms, the following definitions apply:
"Buyer" means any individual or co-buyer group using the Platform to explore mortgage pre-approval options, search for properties, or engage in the home purchase process.
"Co-Buyer" means two or more individuals jointly using a single account for the purposes of a shared home purchase, including but not limited to spouses, domestic partners, and family members who will be co-borrowers on the same mortgage loan.
"Lender" or "Lender Partner" means any bank, credit union, mortgage lender, or financial institution that participates in the HomeFio Lender Marketplace pursuant to a separate Lender Partnership Agreement with HomeFio.
"Lender Marketplace" means the feature of the Platform that enables Buyers to receive and compare pre-approval offers from multiple competing Lender Partners.
"Lead Advisor" means a licensed real estate agent affiliated with HomeFio who provides strategic guidance, contract drafting, negotiations, and closing coordination services to Buyers.
"Showing Agent" means a licensed real estate agent affiliated with HomeFio who conducts property tours and physical inspections on behalf of Buyers.
"Traffic Light System" means HomeFio's proprietary affordability indicator feature that displays green, yellow, or red signals to help Buyers visualize payment affordability relative to their approved terms.
"Offer Intent" means a Buyer's formal expression of interest in making an offer on a specific property through the Platform, which initiates the transaction process and triggers disclosure of the Transaction Fee.
"Transaction Fee" means the flat fee of Two Hundred Fifty Dollars ($250.00) charged per closing transaction, as further described in Section 6.
"Co-Marketing Fee" means the monthly fee charged to Lender Partners for marketplace placement and co-branding services, structured in compliance with the Real Estate Settlement Procedures Act (RESPA).
"MLS Data" means real estate listing information provided through the Bright Multiple Listing Service (Bright MLS) and delivered to the Platform via authorized data feeds.
"Golden Data" means the standardized data format used by HomeFio to collect and present lender pre-approval information, including approval amount, interest rate, monthly payment, closing cost estimates, and available special programs.
To use the Platform, you must meet the following requirements:
(a) Age. You must be at least eighteen (18) years of age. By creating an account or using the Platform, you represent and warrant that you are at least 18 years old.
(b) Legal Capacity. You must have the legal capacity to enter into a binding contract and to obtain a residential mortgage loan. HomeFio does not impose citizenship or residency restrictions; eligibility for mortgage financing is determined solely by the applicable Lender Partner's underwriting criteria and applicable law.
(c) Accurate Information. You must provide truthful, accurate, and complete information during registration and at all times while using the Platform. Providing false, misleading, or fraudulent information is grounds for immediate account termination.
To access the full features of the Platform, you must create an account by providing your name, email address, phone number, and such other information as may be required. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
Co-Buyers (including spouses, domestic partners, and family members who will be named on the same mortgage loan) may share a single account. The primary account holder is responsible for all activity on the account and for ensuring that all Co-Buyers agree to and comply with these Terms. Each Co-Buyer's use of the Platform constitutes acceptance of these Terms.
You agree to: (a) immediately notify HomeFio of any unauthorized use of your account; (b) ensure that you exit from your account at the end of each session; and (c) not share your account credentials with any person other than authorized Co-Buyers. HomeFio shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.
HomeFio operates a finance-first real estate technology platform that reverses the traditional home buying process. Instead of browsing homes and then seeking financing, HomeFio enables Buyers to obtain pre-approval from multiple competing Lender Partners before searching for properties. The Platform provides:
(a) Lender Marketplace: A competitive marketplace where Buyers can submit a single application and receive pre-approval offers from multiple Lender Partners, enabling comparison of rates, terms, and programs.
(b) Payment-Based Property Search: Property search functionality that displays homes by estimated actual monthly payment rather than list price alone, incorporating the Buyer's specific pre-approval terms, estimated taxes, insurance, and applicable fees.
(c) Traffic Light Affordability System: A proprietary visual indicator system that classifies properties as green (comfortably affordable), yellow (at the edge of affordability), or red (exceeds affordability parameters) based on the Buyer's approved financial terms.
(d) Transaction Dashboard: A centralized interface for managing the home purchase process, including document storage for real estate contracts, addendums, and insurance quotes, communication with assigned agents, and transaction milestone tracking.
(e) Agent Services: Access to licensed Lead Advisors for strategic guidance, contract drafting, negotiations, and closing coordination, as well as Showing Agents for property tours and physical inspections.
HomeFio is a technology platform and licensed real estate brokerage. HomeFio is NOT a bank, mortgage lender, mortgage broker, financial advisor, tax advisor, or insurance provider. The Platform facilitates connections between Buyers and third-party Lender Partners but does not originate, underwrite, fund, or service mortgage loans. All lending decisions, including pre-approval determinations, interest rates, loan terms, and final loan approval, are made solely by the applicable Lender Partner in its independent discretion.
Buyers begin by completing a financial profile on the Platform. HomeFio distributes this profile to participating Lender Partners, who independently evaluate the Buyer's creditworthiness. Lender Partners submit their pre-approval offers through the Platform using the Golden Data format. Buyers can compare offers side by side and select the Lender Partner whose terms best meet their needs.
Once pre-approved, Buyers can search available properties using HomeFio's payment-based search tools. Property listings are sourced from Bright MLS through authorized data feeds and are displayed in accordance with applicable MLS rules and regulations (see Section 7).
When a Buyer identifies a property and wishes to make an offer, the Buyer submits an Offer Intent through the Platform. Submission of an Offer Intent constitutes acknowledgment and acceptance of the Transaction Fee described in Section 6. Following Offer Intent, a Lead Advisor is assigned to guide the Buyer through contract preparation, negotiations, and closing.
HomeFio does not guarantee: (a) that any Buyer will receive a pre-approval offer from any Lender Partner; (b) that any pre-approval will result in final loan approval or funding; (c) that any property shown on the Platform is or will remain available for purchase; (d) that any offer submitted will be accepted by a seller; or (e) that any transaction will close successfully. Real estate transactions involve numerous variables and third-party actions beyond HomeFio's control.
HomeFio charges a flat Transaction Fee of Two Hundred Fifty Dollars ($250.00) per completed home purchase transaction. This fee is:
(a) Disclosed and agreed to by the Buyer at the time of Offer Intent submission;
(b) Collected as part of the Buyer's closing costs and reflected on the settlement statement (HUD-1 or Closing Disclosure) at the time of closing; and
(c) Non-refundable upon successful closing of the transaction.
If a transaction does not close for any reason, the Transaction Fee is not collected.
In addition to the Transaction Fee, HomeFio earns a buyer-side real estate commission as the Buyer's brokerage. This commission is typically a percentage of the purchase price and is paid through the standard real estate settlement process. The specific commission amount will be disclosed to the Buyer in a separate Buyer Representation Agreement executed prior to or at the time of Offer Intent.
Lender Partners pay monthly Co-Marketing Fees to HomeFio for marketplace placement and co-branding services. These fees are structured in compliance with the Real Estate Settlement Procedures Act (RESPA) as co-marketing fees, not referral fees. Co-Marketing Fees are paid by Lender Partners and are not charged to Buyers. The existence of Co-Marketing Fee arrangements does not influence the order, ranking, or presentation of Lender Partner offers on the Platform, which are presented based on objective criteria including rates, terms, and Buyer preferences.
HomeFio does not charge Buyers any fees for creating an account, receiving pre-approval offers, searching for properties, or using the Platform's tools and calculators. The only Buyer-facing fee is the Transaction Fee described in Section 6.1 and the buyer-side commission described in Section 6.2.
Property listing data displayed on the Platform is provided in whole or in part by Bright MLS through the Internet Data Exchange (IDX) program and/or Virtual Office Website (VOW) data feeds. The following disclosures apply to all property listing data:
Copyright Notice: © BRIGHT, All Rights Reserved. The data relating to real estate for sale on this website appears in part through the BRIGHT Internet Data Exchange program, a voluntary cooperative exchange of property listing data between licensed real estate brokerage firms in which HomeFio participates, and is provided by BRIGHT through a licensing agreement.
Accuracy Disclaimer: Information Deemed Reliable But Not Guaranteed. The information provided by this website is for the personal, non-commercial use of consumers and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.
Currency Warning: Some properties which appear for sale on this website may no longer be available because they are under contract, have closed, or are no longer being offered for sale. Data last updated information is displayed on each listing detail page.
Completeness Disclaimer: Some real estate firms do not participate in IDX and their listings do not appear on this website. Some properties listed with participating firms do not appear on this website at the request of the seller.
In accordance with Bright MLS rules: (a) each listing detail page displays the listing agent's and listing broker's contact information; (b) the listing firm is identified in a readily visible and prominent location on each listing; (c) listing data is refreshed at least every twelve (12) hours; and (d) HomeFio is identified as the advertising broker controlling advertisement.
By using the Platform, you agree that:
(a) You will use listing data solely for your personal, non-commercial use in connection with identifying properties you may be interested in purchasing;
(b) You will not copy, redistribute, retransmit, publish, or otherwise exploit listing data for any commercial purpose or provide it to any third party;
(c) You will not scrape, harvest, crawl, or use any automated means to access, collect, or download listing data from the Platform;
(d) You will not attempt to circumvent, disable, or interfere with any security, access control, or usage tracking features of the Platform;
(e) You acknowledge that Bright MLS and its data suppliers retain all intellectual property rights in the listing data; and
(f) You acknowledge that listing data is protected by copyright and that unauthorized use may result in civil and criminal penalties.
Certain features of the Platform may operate as a Virtual Office Website (VOW) under Bright MLS rules. By registering for an account and accessing VOW data, you acknowledge and agree that: (a) an established broker-consumer relationship exists between you and HomeFio as defined by applicable state law; (b) your use of VOW data is for your personal, non-commercial use; (c) you have a bona fide interest in the purchase, sale, or lease of real property; (d) you will not copy, redistribute, or retransmit any VOW data to any third party; and (e) the MLS data is protected by copyright owned by Bright MLS.
Pursuant to Bright MLS rules, sellers have the right to direct their listing broker to withhold their listing from display on the Internet or on specific websites. Accordingly, not all listings in the MLS may appear on the Platform. HomeFio honors all seller opt-out requests.
The Platform and all of its contents, features, and functionality, including but not limited to the following, are owned by HomeFio Technologies Inc., its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws:
(a) The Traffic Light Affordability System — the proprietary methodology, algorithms, visual indicators, and user interface for displaying property affordability using green, yellow, and red classification;
(b) The tagline "Shop with clarity. Close with confidence." — and all associated brand messaging, marketing copy, and slogans;
(c) The Finance-First Methodology — the proprietary platform architecture and user flow that reverses the traditional home buying process by prioritizing lender pre-approval before property search;
(d) The Golden Data Format — the standardized data structure for collecting, formatting, and presenting lender pre-approval information;
(e) All Platform Content — including software, code, databases, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and the design, selection, and arrangement thereof.
The HomeFio name, HomeFio logo, "Shop with clarity. Close with confidence," the Traffic Light System design, and all related names, logos, product and service names, designs, and slogans are trademarks or trade dress of HomeFio Technologies Inc. or its affiliates. You must not use such marks without the prior written permission of HomeFio. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
Subject to your compliance with these Terms, HomeFio grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your personal, non-commercial use in connection with the home purchase process. This license does not include: (a) any resale or commercial use of the Platform or its contents; (b) any derivative use of the Platform or its contents; (c) any downloading, copying, or other use of account information for the benefit of any third party; or (d) any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted in these Terms are reserved by HomeFio. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by HomeFio.
By using the Platform, you represent and warrant that: (a) all information you provide is truthful, accurate, current, and complete; (b) you will maintain and promptly update such information to keep it truthful, accurate, current, and complete; (c) you have the legal capacity and authority to enter into these Terms; (d) you are not under the age of 18; (e) you will not access the Platform through automated or non-human means, including bots, scripts, or spiders; and (f) you will not use the Platform for any illegal or unauthorized purpose.
You agree not to:
(a) Provide false, inaccurate, or misleading financial information to HomeFio, any Lender Partner, or any other party through the Platform;
(b) Use the Platform for any fraudulent purpose, including but not limited to mortgage fraud, identity theft, or money laundering;
(c) Interfere with, disrupt, or create an undue burden on the Platform or the networks and services connected to the Platform;
(d) Attempt to bypass any security measures or access controls on the Platform;
(e) Use any automated system, including robots, spiders, scrapers, or offline readers, to access the Platform or extract data;
(f) Harass, abuse, threaten, or intimidate any HomeFio employee, agent, Lead Advisor, Showing Agent, or Lender Partner;
(g) Use the Platform to solicit Lender Partners, agents, or other users for purposes unrelated to the home purchase process;
(h) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Platform; or
(i) Violate any applicable law, regulation, or these Terms in connection with your use of the Platform.
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, store, and disclose your personal information. By using the Platform, you consent to our collection and use of your information as described in the Privacy Policy.
HomeFio collects the following categories of information through the Platform: (a) account registration information (name, email, phone number); (b) financial profile information provided by you for pre-approval purposes (income range, employment status, credit score range, desired purchase price range, down payment amount, debt obligations, loan type preference); (c) pre-approval data received from Lender Partners in Golden Data format; (d) property search activity and saved listings; (e) Offer Intent records and transaction-related documents; (f) communication records with agents and support; (g) usage and device data collected automatically.
HomeFio maintains a strict Zero-Knowledge Document Policy. Sensitive financial documents (W-2 forms, pay stubs, bank statements, tax returns, Social Security numbers, government-issued ID) never enter HomeFio systems. When upload is required, users are redirected directly to the Lender Partner's secure portal.
No database, server, storage system, or transmission pathway within HomeFio’s infrastructure receives, processes, or stores Sensitive Financial Documents.
W-2 forms, pay stubs, bank statements, tax returns, Social Security numbers, government-issued ID, full credit reports — all are handled exclusively by Lender Partners.
Income and financial verification is performed solely by the applicable Lender Partner. HomeFio may display summary verification status (e.g., date of last lender verification) based on information provided by Lender Partners, but HomeFio does not independently verify your income, assets, employment, or creditworthiness.
HomeFio stores only the following transaction-related documents on the Platform: (a) real estate contracts and purchase agreements; (b) contract addendums and amendments; (c) insurance quotes and binders; and (d) other real estate transaction documents necessary for closing coordination. These documents are stored securely and are accessible only to you, your assigned agents, and authorized HomeFio personnel.
The Platform integrates with and contains links to third-party websites, services, and applications, including but not limited to:
(a) Lender Partner Portals: Secure application and document upload portals operated by Lender Partners. When you access a Lender Partner's portal through the Platform, you are subject to that Lender Partner's own terms of service, privacy policy, and security practices.
(b) Google Workspace: The Platform utilizes Google Drive for secure storage of real estate contracts and transaction documents, subject to Google's terms of service and privacy policy.
(c) CRM Integration: The Platform integrates with Follow Up Boss for customer relationship management and communication tracking, subject to Follow Up Boss's terms of service and privacy policy.
(d) MLS Data Provider: Property listing data is delivered through Repliers.io, which sources data from Bright MLS, subject to the MLS terms and restrictions described in Section 7.
HOMEFIO IS NOT RESPONSIBLE FOR THE CONTENT, PRIVACY PRACTICES, SECURITY, AVAILABILITY, OR FUNCTIONALITY OF ANY THIRD-PARTY WEBSITE, SERVICE, OR APPLICATION ACCESSED THROUGH OR LINKED FROM THE PLATFORM. YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF THOSE THIRD PARTIES. HOMEFIO DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE, INCLUDING BUT NOT LIMITED TO ANY DATA BREACH, SERVICE INTERRUPTION, OR LOSS OF DATA OCCURRING ON A THIRD-PARTY PLATFORM.
Each Lender Partner is an independent entity and not an agent, employee, or representative of HomeFio. HomeFio does not control, endorse, or guarantee: (a) the accuracy of any pre-approval offer; (b) the terms or conditions of any loan product; (c) the creditworthiness determination made by any Lender Partner; (d) the security of any Lender Partner's systems or portals; or (e) the performance of any Lender Partner's obligations to you.
THE PLATFORM AND ALL CONTENT, FEATURES, TOOLS, CALCULATORS, AND SERVICES AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOMEFIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
ALL FINANCIAL CALCULATIONS, PAYMENT ESTIMATES, AFFORDABILITY INDICATORS (INCLUDING THE TRAFFIC LIGHT SYSTEM), AND OTHER NUMERICAL OUTPUTS DISPLAYED ON THE PLATFORM ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE FINANCIAL ADVICE, MORTGAGE ADVICE, TAX ADVICE, OR ANY OTHER FORM OF PROFESSIONAL ADVICE. PAYMENT ESTIMATES ARE BASED ON CURRENT APPROVAL TERMS AND ASSUMPTIONS AND MAY NOT REFLECT ACTUAL COSTS. PROPERTY TAXES, HOMEOWNERS INSURANCE PREMIUMS, HOMEOWNERS ASSOCIATION FEES, PRIVATE MORTGAGE INSURANCE, AND OTHER COSTS MAY VARY SIGNIFICANTLY FROM ESTIMATES DISPLAYED ON THE PLATFORM. THE TRAFFIC LIGHT SYSTEM IS A VISUALIZATION TOOL ONLY AND SHOULD NOT BE RELIED UPON AS A DEFINITIVE DETERMINATION OF AFFORDABILITY. ACTUAL MONTHLY PAYMENTS MAY DIFFER MATERIALLY FROM PLATFORM ESTIMATES DUE TO TAX REASSESSMENTS, INSURANCE CHANGES, RATE ADJUSTMENTS, AND OTHER FACTORS BEYOND HOMEFIO'S CONTROL. YOU SHOULD INDEPENDENTLY VERIFY ALL FINANCIAL INFORMATION AND CONSULT WITH QUALIFIED FINANCIAL, TAX, AND LEGAL PROFESSIONALS BEFORE MAKING ANY HOME PURCHASE DECISION.
Nothing on the Platform constitutes financial advice, investment advice, tax advice, legal advice, or real estate advice. While HomeFio employs licensed real estate agents, the Platform's automated tools, calculators, and informational content are not substitutes for professional advice from qualified financial advisors, accountants, attorneys, or other professionals.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOMEFIO TECHNOLOGIES INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES (EVEN IF HOMEFIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY, OR ANY OTHER THEORY OF LEGAL OR EQUITABLE LIABILITY, ARISING FROM OR RELATED TO: (A) YOUR USE OF OR INABILITY TO USE THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE PLATFORM, INCLUDING ANY LENDER PARTNER; (C) ANY CONTENT OBTAINED FROM THE PLATFORM; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (E) ANY INACCURACY IN FINANCIAL CALCULATIONS, PAYMENT ESTIMATES, OR AFFORDABILITY INDICATORS; (F) ANY REAL ESTATE TRANSACTION CONDUCTED THROUGH OR IN CONNECTION WITH THE PLATFORM; OR (G) ANY MATTER OTHERWISE RELATED TO THE PLATFORM.
IN NO EVENT SHALL HOMEFIO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO HOMEFIO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) TWO HUNDRED FIFTY DOLLARS ($250.00). THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, HomeFio's liability shall be limited to the maximum extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless HomeFio Technologies Inc. and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the "HomeFio Indemnified Parties") from and against any and all claims, actions, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to: (a) your use of or access to the Platform; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or third-party right; (d) any content or information you provide through the Platform, including any false, misleading, or fraudulent information; (e) any real estate transaction you enter into through or in connection with the Platform; (f) your interactions with any Lender Partner, agent, seller, or other third party; or (g) any dispute between you and any third party arising from your use of the Platform.
HomeFio reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify HomeFio, and you agree to cooperate with HomeFio's defense of such claims. You agree not to settle any matter without the prior written consent of HomeFio.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. IT ALSO CONTAINS A CLASS ACTION WAIVER.
Before initiating any formal dispute resolution proceeding, you and HomeFio agree to first attempt to resolve any dispute, claim, or controversy arising from or relating to these Terms or the Platform (each, a "Dispute") informally for a period of fourteen (14) days. The informal resolution process begins when either party provides written notice to the other party describing the nature of the Dispute and the requested relief. During this fourteen (14) day period, the parties shall attempt in good faith to resolve the Dispute through direct communication.
If the parties are unable to resolve a Dispute informally within fourteen (14) days, then any and all Disputes shall be submitted for final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by this Section. The place of arbitration shall be Dover, Delaware. The language to be used in the arbitral proceedings shall be English. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The arbitration shall be conducted by a single arbitrator with experience in real estate or consumer technology disputes. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations. The arbitrator may award any individual relief or individual remedies that are permitted by applicable law. The arbitrator's decision shall be final and binding and may be enforced in any court of competent jurisdiction.
YOU AND HOMEFIO AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. IF A COURT OR ARBITRATOR DETERMINES THAT THIS CLASS ACTION WAIVER IS VOID OR UNENFORCEABLE FOR ANY REASON, OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH IN THIS SECTION SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of that party's intellectual property rights or confidential information.
These Terms shall be construed, interpreted, and applied in accordance with the laws of the State of Delaware without reference to its conflict of laws principles. To the extent that any legal action is permitted under these Terms to be filed in court (including actions for injunctive relief), both parties agree that any such action shall be brought in the state or federal courts sitting in Dover, Delaware, and each party irrevocably waives any objection to venue or personal jurisdiction in such courts.
By creating an account on the Platform, you expressly consent to receive communications from HomeFio by any means, including but not limited to email, text message (SMS/MMS), push notification, in-app notification, and telephone. These communications may include:
(a) Transactional communications related to your account, pre-approval status, property search activity, Offer Intent, closing milestones, rate lock alerts, and stale data warnings;
(b) Marketing communications regarding new features, platform updates, educational content, promotional offers, and partnership announcements; and
(c) Administrative communications including security alerts, policy updates, and system notifications.
Your consent under this Section is a blanket consent covering all categories of communications described above. You acknowledge that transactional communications are essential to the Platform's functionality and cannot be opted out of while maintaining an active account. You may opt out of marketing communications at any time by following the unsubscribe instructions in any marketing message or by contacting HomeFio at the address provided in Section 21.
HomeFio is not responsible for delayed or undelivered communications due to carrier issues, spam filters, incorrect contact information, or other factors outside HomeFio's control.
You may request termination of your account at any time by contacting HomeFio at the address provided in Section 21. Account termination does not relieve you of any obligations or liabilities incurred prior to termination, including but not limited to the obligation to pay any Transaction Fees or commissions arising from transactions initiated prior to termination.
HomeFio reserves the right, in its sole discretion, to suspend or terminate your account and access to the Platform, without notice, for any reason, including but not limited to:
(a) Providing false, inaccurate, or misleading information, including fraudulent financial information;
(b) Using the Platform for any illegal purpose or in violation of any applicable law or regulation;
(c) Violating these Terms or any other HomeFio policy;
(d) Engaging in conduct that is harmful to HomeFio, other users, Lender Partners, agents, or any third party;
(e) Attempting to circumvent, disable, or interfere with any security or access control features of the Platform; or
(f) Any other reason that HomeFio determines, in its sole discretion, warrants account termination or suspension.
Upon termination: (a) your right to access and use the Platform immediately ceases; (b) HomeFio may, but is not obligated to, delete your account information (subject to the data retention provisions in Section 18); and (c) all provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 8 (Intellectual Property), 13 (Disclaimers and Limitation of Liability), 14 (Indemnification), 15 (Dispute Resolution), and 18 (Data Retention).
HomeFio retains all user account information, transaction data, communication records, and platform activity data indefinitely, including after account termination or closure. This retention policy serves legitimate business purposes including: (a) compliance with applicable real estate regulatory requirements and record-keeping obligations; (b) support for ongoing or potential legal claims, audits, or investigations; (c) maintenance of transaction history for regulatory and business continuity purposes; and (d) fraud prevention and security.
Due to the nature of real estate transactions, regulatory requirements, and HomeFio's legitimate business interests, HomeFio does not delete user information upon request. User account information may be deactivated but will be retained in HomeFio's systems in accordance with this Section. To the extent that any applicable law requires deletion of certain categories of personal information, HomeFio will comply with such requirements to the minimum extent required by law while retaining all information permitted to be retained.
Consistent with the Zero-Knowledge Document Policy in Section 11, HomeFio does not retain sensitive financial documents (W-2s, pay stubs, bank statements, tax returns) because HomeFio never receives or stores such documents. Retention of such documents is governed by the applicable Lender Partner's policies.
HomeFio reserves the right to modify these Terms at any time in its sole discretion. If we make material changes to these Terms, we will provide notice by: (a) posting the updated Terms on the Platform with a new effective date; (b) sending a notification to the email address associated with your account; or (c) providing other notice as required by applicable law. Your continued use of the Platform following the posting of any changes constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must stop using the Platform and terminate your account.
These Terms, together with the Privacy Policy, any Buyer Representation Agreement, and any other agreements expressly referenced herein, constitute the entire agreement between you and HomeFio regarding the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Platform.
If any provision of these Terms is held to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.
No waiver by HomeFio of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HomeFio to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or your rights and obligations hereunder, in whole or in part, without the prior written consent of HomeFio. HomeFio may freely assign these Terms and its rights and obligations hereunder without restriction and without notice to you.
HomeFio shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond HomeFio's reasonable control, including but not limited to acts of God, natural disaster, pandemic, war, terrorism, civil unrest, government action, labor dispute, power failure, Internet or telecommunications failure, or cyberattack.
These Terms do not create any third-party beneficiary rights in any person or entity, except that the HomeFio Indemnified Parties are intended third-party beneficiaries of Section 14.
The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
By using the Platform, you consent to receiving these Terms and all related documents in electronic form. Your electronic acceptance of these Terms has the same force and effect as if you had signed these Terms in ink. You agree that any electronic record of your acceptance is admissible in any judicial or administrative proceeding.
If you have any questions about these Terms, please contact us at:
HomeFio Technologies Inc.
Attn: Legal Department
Dover, Delaware
Email: info@homefio.com
Website: www.homefio.com
By using the HomeFio platform, you acknowledge that you have read, understood, and agree to these Terms of Service.