Terms of Service

1. Introduction and Acceptance of Terms

Welcome to Homebuyer's Hero. These Terms of Service ("Terms") govern your access to and use of Homebuyer's Hero's website, applications, and services (collectively, the "Service"). By using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not use our Service.

2. No Contractual Relationship from Application

You expressly acknowledge and agree that submitting an application to the Service, or being placed in any queue, does not create a contract, promise, agency relationship, or any other legally binding obligation between you and Homebuyer's Hero to find or provide you with a home or a development project. Your application is solely an expression of interest that allows you to participate in the Homebuyer's Hero ecosystem.

3. Platform Role and Limitation

Homebuyer's Hero acts strictly as a neutral "platform" and "facilitator" to connect potential Home Buyers with Home Builders. Homebuyer's Hero is not a real estate agent, mortgage broker, developer, or financial advisor. Homebuyer's Hero is not a party to any eventual property purchase or construction contract, which will be negotiated and executed solely between the Home Buyer and the Home Builder.

4. Definitions

• "Service" refers to the Homebuyer's Hero platform, including all its features and functionalities.
• "Home Buyers" refers to users who are seeking to purchase a home.
• "Home Builders" refers to users who are in the business of building homes.
• "Queue" refers to the dynamic list of potential buyers for a specific development or area, managed by the Service.

5. Guiding Principles

Homebuyer's Hero operates with the following guiding principles, in order of priority:

1. Facilitating home ownership for as many people as possible;
2. Protecting the rights and interests of Home Buyers as a collective;
3. Maximising the likelihood of success for each development and minimising risk to achieve this.

These principles will guide our discretionary decision-making process. You acknowledge that these Guiding Principles inform how we operate but do not constitute a warranty or a legally binding obligation to any user. Homebuyer's Hero retains sole discretion in the operation of the platform.

6. User Accounts and Profiles

6.1. Applications and Account Creation:

Use of the Service begins by submitting an application. At a later date, we may invite you to create a formal user account. These Terms apply from the moment you submit your application.

6.2. User Types:

• Home Buyers can form or join teams, verify their ID, pool resources, and join queues.
• Home Builders can create entity structures, partner with others, and access anonymised buyer data.

6.3. Account Security:

If and when an account is created, you are responsible for maintaining the confidentiality of your account and password. Users submit sensitive information at their own discretion. We pledge to act responsibly at all times to protect your data.

7. Home Buyer Specific Terms

7.1. Resource Pooling:

Home Buyers may pool resources such as purchase capacity while keeping underlying data private. Only agreed-upon portions of verified funds will be shared with designated team members.

7.2. Queue Participation:

Home Buyers may join queues for specific areas or developments. Engagement with projects will occur based on inputs from Home Builders and in accordance with our guiding principles.

8. Home Builder Specific Terms

8.1. Entity Structure:

Home Builders may create or link to existing or proposed legal entities on the platform.

8.2. Partnerships:

Home Builders may partner with other individuals, legal entities, or proposed structures on the platform.

8.3. Data Access:

Upon identity verification, Home Builders will have access to anonymised buyer data for pre-planning investigations and site proposals, in alignment with our guiding principles.

9. Queue Management and Ranking

9.1. Queue Position:

Homebuyer's Hero manages and ranks buyers in queues. Our decisions regarding queue positioning are made in accordance with our guiding principles and are final and binding.

9.2. Ranking Criteria:

We use an automated system for ranking, supplemented by human oversight to ensure alignment with our guiding principles. We reserve the right to intervene and make decisions based on various factors when necessary to uphold our guiding principles.

9.3. Algorithm:

We use a complex, proprietary algorithm that takes into account various factors. Homebuyer's Hero reserves the right to modify this algorithm to better serve our guiding principles.

10. Graduated and Additional Agreements

You acknowledge that your journey on the Homebuyer's Hero platform is a multi-stage process. Progressing through key milestones, such as making a binding financial commitment to a project, will require you to review and accept additional, separate legal agreements ("Additional Agreements").

These Additional Agreements will govern the specific rights and obligations of that stage and may supersede, change, or nullify certain parts of these general Terms. Homebuyer's Hero reserves the right to introduce such Additional Agreements when necessary.

11. User Conduct

Users agree to use the Service in compliance with all applicable laws, these Terms, and in a manner consistent with our guiding principles. Prohibited activities include but are not limited to:

• Providing false or misleading information
• Attempting to manipulate the queue system
• Engaging in any fraudulent or illegal activities

12. Submission of Third-Party Information

You acknowledge that prior to the launch of our full self-service portal, you may need to provide us with documents via email or other methods. If you submit any document or personal data belonging to a third party (such as a co-buyer, spouse, or financial gift-giver), you represent and warrant that:

1. You have obtained the explicit, prior consent from that third party to share their personal data with Homebuyer's Hero for the purposes of your application.
2. You have made that third party aware of our Privacy Policy and they have understood how their data will be used.

You agree to indemnify and hold Homebuyer's Hero harmless from any claim, liability, or complaint brought by any third party relating to your submission of their data.

13. Use of AI Assistant

The Service may include an AI-powered assistant ("AI Assistant") for your convenience. You acknowledge and agree that:

1. The AI Assistant is an automated tool and its responses are generated based on the public information available on our website. Its knowledge may be incomplete, inaccurate, or out of date.
2. The output of the AI Assistant does not constitute legal, financial, or professional advice. You should not rely on it to make any decisions.
3. No response from the AI Assistant shall create any promise, representation, warranty, or legally binding obligation on the part of Homebuyer's Hero.
4. In the event of any conflict between information provided by the AI Assistant and our official legal documents, the Terms of Service, Privacy Policy, and any subsequent legal agreements shall always prevail. We shall have no liability for any action you take or fail to take based on your interaction with the AI Assistant.

14. Privacy and Data Protection

Our collection and use of personal information in connection with the Service is as described in the Homebuyer's Hero Privacy Policy. We comply with the General Data Protection Regulation (GDPR) and the Irish Data Protection Act 2018.

15. Intellectual Property Rights

15.1. Ownership:

The Service and its original content, features, and functionality are owned by Homebuyer's Hero and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

15.2. Licence:

We grant you a limited, non-exclusive, non-transferable, and revocable licence to use the Service for its intended purposes.

16. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Service.

We do not warrant the accuracy of information provided by users or other third parties. Homebuyer's Hero is not liable for the actions, omissions, or performance of any Home Buyer or Home Builder using the platform. You are responsible for your own due diligence.

We do not warrant that the service will be free from bugs, security breaches, or technical errors. While we strive for accuracy, the platform may occasionally contain technical inaccuracies or errors. We reserve the right to correct any errors, and such errors do not entitle users to any claim or vested right.

17. Limitation of Liability

To the maximum extent permitted by law, Homebuyer's Hero shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the service; (b) any conduct or content of any third party on the service; or (c) unauthorized access, use or alteration of your transmissions or content.

18. Indemnification

You agree to indemnify and hold Homebuyer's Hero harmless from any claims, losses, liability, demands, or expenses (including attorneys' fees) made against Homebuyer's Hero by any third party due to or arising out of your use of the Service or your violation of these Terms.

19. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes and the opportunity to review and accept the new Terms.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the Irish courts.

21. No Partnership or Fiduciary Duty

Your use of the Service does not create, and shall not be deemed to create, a partnership, joint venture, agency, employment, or fiduciary relationship between you and Homebuyer's Hero.

22. Non-Circumvention

You agree not to use information, introductions, or connections obtained from the Service to enter into transactions with other users outside of the Homebuyer's Hero platform in a manner intended to bypass the platform's processes or fees. We reserve the right to terminate access for any user found to be in breach of this clause and to pursue a claim for any fees that would have been due.

23. EU Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under EU law.

24. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

25. Homebuyer's Hero's Discretion

Homebuyer's Hero retains discretion in the operation and management of the Service and commits to exercising this discretion in alignment with our guiding principles. We strive to treat all users fairly and equitably at all times. In situations where difficult decisions must be made to maintain our principles in the priority they are written, users who consistently comply with these Terms and maintain their obligations are less likely to be affected by any necessary adjustments to queues, project authorisations, or other processes.

26. Force Majeure

Homebuyer's Hero shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Homebuyer's Hero's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

27. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Homebuyer's Hero without restriction.

28. Entire Agreement

These Terms, together with our Privacy Policy and any Additional Agreements you may enter into, constitute the entire agreement between you and Homebuyer's Hero regarding the use of the Service, superseding any prior agreements between you and Homebuyer's Hero relating to your use of the Service.

29. Feedback and Information

Any feedback you provide to Homebuyer's Hero shall be deemed to be non-confidential. Homebuyer's Hero shall be free to use such information on an unrestricted basis.

30. Contact Us

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

By using the Service, you acknowledge that you have read and understood these Terms and agree to be bound by them.