Terms of Service

Last Updated: May 9, 2025

Welcome to New Home Buddy, LLC (“New Home Buddy,” “we,” “our,” or “us”). By accessing or using our platform, services, or website (“Services”), you agree to these Terms of Service (“Terms”). If you do not agree, you may not use the Services.

1. User Roles and Responsibilities

  • Builders and Real Estate Agents: You agree to provide accurate personal and professional information, including maintaining up-to-date contact details. Agents must include a valid TREC license number during account registration. You must be 18 years or older to use our platform.
  • Data Management: All community, plan, and inventory listing data is managed by New Home Buddy. Builders are responsible for notifying us promptly of any changes to their listings, including pricing, incentives, or other details.

2. Services Provided

  • Platform Features:
    • Builders’ listings and community details are added manually via a .csv upload or, in some cases, via XML BDX feeds or API access.
    • Agents can create and share branded saved search links with clients, curated to their selected filters.
  • Accuracy Disclaimer: While we strive to provide accurate and updated information, we do not assume liability for inaccuracies or errors. It is the user’s responsibility to independently verify any data on the platform.
  • No Client Profiles: Saved searches are anonymous, and clients do not create profiles on the platform. Web visitors on a public link may submit their information, and provide consent that they agree to receive marketing communications including emails, calls or text messages from New Home Buddy, its affiliates, the homebuilder, and parties related to this search or home.

3. Payment Terms

  • For Builders:
    • Services may include recurring Listing Management fees for maintaining and updating plans, inventory, and community details.
    • Premium Listing tiers may be available for additional features, such as managing inventory-specific images (builders must supply photos).
  • Recurring Payments: Payments are processed via Stripe. Subscriptions renew monthly unless canceled by contacting us via email or phone. Refunds are not provided for paid-in-full purchases. Early termination fees may apply based on the agreed terms.
  • Free Trial: Builder Partner will not be subject to any fees during the Free Trial period stated on the Marketing and Access Agreement.
  • Free Real Estate Agent Access: Agents can use the platform at no cost.

4. Privacy and Data Use

  • Data Collection: We manage programmatically generated identifiers (“IDs”) for Builders, Agents, Communities, Plans, Inventory Listings, and Saved Searches to facilitate platform functionality. Other data collected includes email addresses, phone numbers, and/or payment details processed through Stripe.
  • Analytics: We utilize third-party services, including Amplitude and Google Analytics (system analytics), Active Campaign (email communication), and Stripe (payment processing).
  • Data Handling: By providing data to New Home Buddy, you grant us rights to use, reproduce, and display that data for purposes related to our Services.

5. User Generated Content

  • Builders and Agents acknowledge that any materials provided to us, such as community or listing data, grant New Home Buddy the rights to reproduce, display, and distribute the content to facilitate platform operations.

6. Intellectual Property

  • New Home Buddy retains ownership of its platform, tools, templates, search filters, and analytics derived from platform use. However, we do not claim ownership over the results of user-initiated searches or other client interactions.

7. Prohibited Activities

  • Users may not:
    • Scrape or extract data from the platform.
    • Share access credentials with unauthorized parties.
    • Use the platform to engage in unlawful activities or harm other users.
  • Violations of these prohibitions may result in account termination.

8. Jurisdiction and Disputes

  • Governing Law: These Terms are governed by the laws of the State of Delaware.
  • Dispute Resolution: All disputes will be resolved through binding arbitration in Delaware, with damages capped at $500. Claims must be initiated within one year of the cause of action.

9. Termination

  • User-Initiated Termination: Users may request account deletion by contacting us at jonathan@newhomebuddy.com. Upon termination, all personal data will be removed from the platform.
  • Termination by New Home Buddy: We reserve the right to suspend or terminate accounts for violations of these Terms or misuse of the platform.

10. Indemnification

  • To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless New Home Buddy, LLC, its parent, subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, partners, and representatives (collectively, the “New Home Buddy Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) (“Claims”) arising out of or related to:

    (a) your use or misuse of the Services;
    (b) your breach or violation of these Terms;
    (c) your violation of any law or the rights of a third party (including intellectual property, privacy, or other proprietary rights); or
    (d) any content or data you submit, upload, or otherwise make available through the Services.

    You agree to promptly notify the New Home Buddy Parties of any third-party Claims, cooperate with the New Home Buddy Parties in defending such Claims, and pay all costs, fees, and expenses associated with defending such Claims. New Home Buddy reserves the right to assume exclusive control of the defense or settlement of any Claims, and you agree not to settle any Claims without the prior written consent of New Home Buddy.

11. Disclaimer of Warranties

  • THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR COMPLETENESS.

    NEW HOME BUDDY MAKES NO WARRANTIES OR REPRESENTATIONS THAT:

    (a) THE SERVICES WILL MEET YOUR REQUIREMENTS;
    (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
    (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
    (d) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

    NEW HOME BUDDY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY LISTINGS OR INFORMATION PROVIDED THROUGH THE SERVICES AND DISCLAIMS ALL LIABILITY RELATED TO ANY INACCURACIES OR OMISSIONS.

    YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NEW HOME BUDDY DISCLAIMS ALL RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY MATERIALS OBTAINED THROUGH THE SERVICES.

12. Limitation of Liability

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEW HOME BUDDY AND THE NEW HOME BUDDY PARTIES SHALL NOT BE LIABLE FOR:

    (a) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES; OR

    (b) ANY DAMAGES RESULTING FROM:

    • ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES;
    • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
    • INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR
    • ANY VIRUSES OR OTHER HARMFUL COMPONENTS TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY.

    IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NEW HOME BUDDY AND THE NEW HOME BUDDY PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF:

    (a) THE AMOUNT YOU PAID TO NEW HOME BUDDY IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR

    (b) $500.

    THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Changes to the Terms

  • We may update these Terms from time to time. Changes will be posted on our website, and continued use of the Services after updates constitutes acceptance of the revised Terms.

14. Contact Information