Terms of Service

IXOME TERMS OF SERVICE

Effective Date: [DRAFT — to be finalized] Last Updated: [DRAFT — to be finalized]

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING IXOMEAI, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and IxomeAI, Inc. (or, prior to incorporation, its sole proprietor operating as IxomeAI) (“IxomeAI,” “we,” “us,” or “our”), governing your access to and use of the IxomeAI platform, including the website at https://www.ixome.ai, all associated APIs, mobile applications, browser extensions, and any related services (collectively, the “Service”).

1. ACCEPTANCE OF TERMS

By creating an account, accessing the Service, clicking “I Agree,” completing the onboarding process, or otherwise using any portion of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using the Service on behalf of a business entity, you represent and warrant that you have authority to bind that entity to these Terms, in which case “you” refers to that entity.

2. DESCRIPTION OF SERVICE

2.1 What IxomeAI Does

IxomeAI is an autonomous artificial intelligence platform that integrates with professionally installed smart-home and smart-building systems, including but not limited to Control4 home automation controllers, Lutron lighting control systems, Snap One WattBox power management systems, Luma surveillance cameras, Pakedge networking equipment, Ring doorbells, and Anthem AV receivers. The Service enables users to:

(a) Issue natural-language commands that are translated into hardware control instructions and transmitted to connected devices;

(b) Receive AI-generated briefings, diagnostics, and proactive alerts about the state of connected hardware;

(d) Access a marketplace of specialized AI agents built by IxomeAI and third-party developers;

(e) Participate in a community forum for smart-home professionals and homeowners.

2.2 What IxomeAI Does NOT Do

IxomeAI is a software platform. IxomeAI does NOT:

(a) Physically install, maintain, service, inspect, or repair any hardware system;

(b) Guarantee that hardware commands issued through the Service will be received, executed, or reversed by any connected device;

(d) Monitor connected systems for life-safety purposes, including fire, carbon monoxide, medical emergencies, or security intrusions, unless specifically stated in a separately executed monitoring agreement;

(e) Guarantee continuous connectivity between the Service and any hardware device — network outages, firmware changes, API modifications by hardware vendors, and hardware failures are outside IxomeAI’s control;

(f) Replace the judgment of a licensed smart-home integrator, electrician, HVAC technician, security professional, or other licensed trade professional.

2.3 Beta and Evolving Features

Certain features may be designated as “beta,” “preview,” or “experimental.” Such features are provided as-is, may be discontinued without notice, and carry no uptime or accuracy guarantees beyond those stated in these Terms.

3. ELIGIBILITY

3.1 Age Requirement

You must be at least eighteen (18) years of age to create an account or use the Service. By using the Service, you represent that you are 18 or older. If you are a dealer or integrator provisioning the Service for a client household with minor children, you remain solely responsible for ensuring that access by minors to AI-controlled hardware complies with all applicable laws, parental consent requirements, and these Terms.

IxomeAI does not knowingly collect personal information from children under 13. If you believe a child under 13 has provided us with personal information, contact privacy@ixome.ai immediately.

3.2 Geographic Restrictions

The Service is offered from the United States and is intended for users in jurisdictions where autonomous AI-driven smart-home control is lawful. If your jurisdiction restricts or prohibits such services, you may not use the Service.

3.3 Professional Dealer Eligibility

The Dealer tier of service is available only to businesses that are authorized dealers or integrators for at least one of the supported hardware platforms (Control4/Snap One, Lutron, or equivalent). By subscribing to the Dealer tier, you represent that you hold current, valid dealer authorization and that your use of the Service complies with the terms of your dealer agreements with those manufacturers.

4. PHYSICAL HARDWARE CONTROL — CRITICAL DISCLAIMERS

4.1 Nature of AI-Directed Hardware Commands

THE SERVICE USES ARTIFICIAL INTELLIGENCE TO INTERPRET NATURAL-LANGUAGE REQUESTS AND TRANSLATE THEM INTO HARDWARE COMMANDS. AI SYSTEMS ARE PROBABILISTIC, NOT DETERMINISTIC. IXOMEAI MAKES NO REPRESENTATION THAT ANY AI-GENERATED HARDWARE COMMAND WILL:

(a) Accurately reflect your intent;

(b) Be transmitted to the correct device;

(d) Be reversible or correctable in all circumstances.

By connecting your smart-home hardware to the Service, you explicitly accept that autonomous AI-directed commands will be issued to your physical systems, including but not limited to lighting adjustments, HVAC setpoint changes, lock engagement and disengagement, AV receiver control, power management commands, and camera operations.

4.2 User Assumption of Risk

YOU EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH AI-DIRECTED HARDWARE CONTROL, INCLUDING BUT NOT LIMITED TO:

(a) Unintended lock disengagement or engagement that results in unauthorized access or lockout;

(b) HVAC control errors that result in temperature conditions harmful to property, plants, animals, or persons;

(d) Lighting control failures in contexts where lighting is critical to safety (staircases, egress paths, outdoor security lighting);

(e) Camera or recording control errors;

(f) Network equipment commands that disrupt your home network, causing cascading loss of service to other connected devices.

4.3 No Liability for Hardware Outcomes

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IXOMEAI SHALL NOT BE LIABLE FOR ANY PHYSICAL HARM, PROPERTY DAMAGE, EQUIPMENT DAMAGE, PERSONAL INJURY, DEATH, LOSS OF DATA, SECURITY BREACH, OR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO ANY HARDWARE COMMAND ISSUED THROUGH THE SERVICE, WHETHER SUCH COMMAND WAS ISSUED BY YOU, BY AN AI AGENT ACTING AUTONOMOUSLY ON YOUR BEHALF, OR BY ANY AUTOMATED ROUTINE CONFIGURED THROUGH THE SERVICE.

Nothing in this Section limits any liability that cannot be excluded or limited under applicable law.

4.4 Dealer Responsibility for Client Systems

If you are a Dealer provisioning the Service for a client:

(a) You represent that you have obtained the informed consent of the property owner and/or occupant before enabling AI-directed hardware control on their systems;

(b) You are responsible for explaining to your clients the nature of autonomous AI commands, the risks described in Section 4.2, and the limitations described in Section 2.2;

(d) IxomeAI’s liability to the client household flows only through you. IxomeAI does not have a direct service relationship with the homeowner-client unless the homeowner independently subscribes to the Service.

4.5 No Emergency Services

THE SERVICE IS NOT AN EMERGENCY SYSTEM AND DOES NOT REPLACE DEDICATED LIFE-SAFETY SYSTEMS. THE SERVICE DOES NOT CONTACT EMERGENCY SERVICES (911, POLICE, FIRE, EMERGENCY MEDICAL SERVICES) UNDER ANY CIRCUMSTANCES. DO NOT RELY ON THE SERVICE FOR FIRE DETECTION, INTRUSION DETECTION, MEDICAL MONITORING, OR ANY LIFE-SAFETY FUNCTION.

5. ACCOUNT REGISTRATION AND SECURITY

5.1 Account Creation

To access the Service, you will create an account. Your account identifier is generated automatically and stored in your browser’s local storage. You may optionally provide a display name. You are responsible for maintaining the security of your device and the browser local storage that contains your account identifier.

5.2 Account Security

You are responsible for all activity that occurs through your account. Because your account identifier is browser-based, you must:

(a) Not share your device or browser with unauthorized persons;

(b) Log out or clear account data if your device is lost or stolen;

5.3 Accurate Information

You agree to provide accurate information during onboarding, including accurate hardware type selection, IP addresses for your connected systems, and room configurations. Providing false hardware information may result in commands being sent to incorrect systems.

6. DEALER PROGRAM

6.1 Dealer Registration

Dealer accounts are created by IxomeAI administrators upon approval. To become a Dealer, you must submit a registration request including your business name, professional email, and dealer authorization documentation.

6.2 Referral and Commission Structure

Dealers may refer homeowner clients through a referral link system. When a referred client subscribes to the Service, the referring Dealer earns a commission equal to the percentage displayed in the Dealer portal at the time of the referral (default: fifteen percent (15%) of the client’s monthly subscription amount). Commission payments:

(a) Are calculated based on actual payments received by IxomeAI from Stripe, net of Stripe processing fees;

(b) Are tracked in IxomeAI’s commission ledger and disbursed manually by IxomeAI to the Dealer’s designated payment method;

(d) Do not accumulate after a client’s subscription lapses or is canceled;

(e) Do not constitute an employment relationship, agency relationship, or partnership between IxomeAI and the Dealer.

6.3 Dealer Conduct

Dealers agree not to make representations about the Service that exceed those in IxomeAI’s official marketing materials, not to guarantee outcomes that IxomeAI does not guarantee, and not to conceal the AI-directed nature of hardware control from their clients.

7. SUBSCRIPTION TERMS AND BILLING

7.1 Subscription Plans

IxomeAI offers the following paid subscription plans:

Plan	Monthly Price	Annual Price	Primary User
Homeowner	$79/month	Priced annually	Homeowners
Remote Pro	$149/month	Priced annually	Power users
Dealer	$299/month	Priced annually	Licensed dealers

Prices are in United States Dollars and are subject to change upon thirty (30) days’ notice to subscribers.

7.2 Free Playground Access

Non-subscribers may access up to three (3) free AI commands per session through the Playground feature. Playground commands are processed through the same AI infrastructure but do not connect to any real hardware. Free access is provided as-is, without warranty.

7.3 Payment

All paid plans are processed through Stripe, Inc. By subscribing, you authorize IxomeAI to charge your payment method on a recurring monthly or annual basis. You represent that you are authorized to use the payment method provided.

7.4 Failed Payments and Grace Period

If a scheduled payment fails:

(a) IxomeAI (via Stripe) will retry payment according to Stripe’s standard retry schedule (typically 3 attempts over 7 days);

(b) During the retry period, your access to the Service will remain active;

(d) You will receive email notification at your registered address (if any) of payment failure and suspension.

Suspended accounts retain their data for ninety (90) days following suspension. If payment is not resolved within 90 days, IxomeAI may delete the account and its associated data pursuant to the data retention schedule in Section 12.

7.5 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support@ixome.ai. Cancellation takes effect at the end of the current billing period. No partial-period refunds are issued except where required by law or at IxomeAI’s sole discretion.

7.6 Refund Policy

IxomeAI does not issue refunds for subscription fees except: (a) where required by applicable consumer protection law; (b) within seven (7) days of initial subscription if no AI hardware commands were issued; or © as a one-time courtesy at IxomeAI’s sole discretion for documented technical failures.

8. ACCEPTABLE USE POLICY

8.1 Permitted Uses

You may use the Service only for lawful purposes and in accordance with these Terms. Permitted uses include controlling hardware systems in buildings where you are the owner, authorized occupant, or have been explicitly authorized by the owner to control building systems.

8.2 Prohibited Uses

You agree NOT to use the Service to:

(a) Issue hardware commands for buildings, systems, or devices that you do not own and for which you have not received explicit written authorization from the property owner;

(b) Attempt to control hardware systems belonging to other IxomeAI users (including attempting to manipulate API requests to reference another user’s hardware credentials or user ID);

(d) Use the Service to conduct denial-of-service attacks against hardware systems or networks;

(e) Submit commands designed to cause physical harm to persons or property;

(f) Use the Playground or free tier to circumvent rate limits through session manipulation (creating multiple sessions, clearing local storage to reset counts, or using automated tools);

(g) Use the Service to process, store, or transmit protected health information (PHI) as defined under HIPAA without a separately executed Business Associate Agreement;

(h) Resell or sublicense access to the Service without IxomeAI’s written consent;

(i) Upload, submit, or transmit any content that is unlawful, defamatory, obscene, or infringes any third party’s intellectual property rights;

(j) Use automated scripts, bots, or AI agents to interact with the Service in ways that circumvent rate limits, security controls, or authentication requirements;

(k) Attempt to probe, scan, or test the vulnerability of any IxomeAI system without written authorization from IxomeAI’s security team.

8.3 Developer and API Access

Third-party developers who build agents for the IxomeAI Marketplace agree additionally to:

(a) Not build agents that issue hardware commands outside the documented IxomeAI agent SDK;

(b) Not collect, store, or transmit user data beyond what is necessary to perform the agent’s stated function;

(d) Disclose any data collection practices clearly in the agent’s marketplace listing;

(e) Maintain a functional support channel and respond to security disclosures within 48 hours.

9. INTELLECTUAL PROPERTY

9.1 IxomeAI Ownership

IxomeAI and its licensors own all right, title, and interest in and to the Service, including all AI models, LangGraph orchestration topology, agent code, frontend interfaces, databases, trademarks, trade dress, and documentation. Nothing in these Terms transfers any ownership interest to you.

9.2 User Content License

By submitting messages, commands, ratings, reviews, or other content to the Service (“User Content”), you grant IxomeAI a non-exclusive, worldwide, royalty-free, sublicensable license to use, process, store, and display that content solely for the purpose of providing and improving the Service. IxomeAI does not claim ownership of your User Content.

9.3 Feedback

If you provide IxomeAI with suggestions, feedback, or improvement ideas (“Feedback”), you grant IxomeAI an unrestricted, perpetual, irrevocable, royalty-free license to use that Feedback for any purpose without compensation or attribution to you.

9.4 Marketplace Developer IP

When a developer submits an agent to the IxomeAI Marketplace, the developer retains ownership of the agent’s source code and underlying intellectual property. The developer grants IxomeAI a license to host, distribute, and process transactions for that agent within the Marketplace. IxomeAI’s license to a developer’s agent terminates when the agent is removed from the Marketplace. See the Developer Agreement (separate document, required for Marketplace participation) for complete terms.

10. AI-GENERATED CONTENT DISCLAIMER

The Service uses large language models from OpenAI and Anthropic to generate responses, recommendations, and hardware commands. You acknowledge that:

(a) AI-generated content may contain errors, omissions, outdated information, or hallucinated facts;

(b) AI-generated hardware recommendations are not a substitute for advice from a licensed professional;

(d) You should verify any AI-generated hardware instructions against manufacturer documentation before executing them on your systems.

11. THIRD-PARTY SERVICES AND INTEGRATIONS

The Service integrates with third-party platforms including but not limited to Stripe (payments), OpenAI (AI processing), Anthropic (AI processing), Pinecone (vector database), Heroku (hosting), and hardware vendor APIs (Control4, Lutron, Ring, Snap One). Your use of those third-party services is governed by their respective terms and privacy policies. IxomeAI is not responsible for the availability, accuracy, security, or conduct of any third-party service.

12. DATA RETENTION

12.1 Active Account Data

While your account is active, IxomeAI retains all data associated with your account as described in the Privacy Policy.

12.2 Post-Cancellation Retention

Following subscription cancellation or account deletion:

(a) Immediately upon deletion request: Push notification subscriptions are deleted; hardware credentials (if stored) are deleted; user memory files are deleted.

(b) Within 30 days: User profile data (display name, room names, system type, onboarding data) is deleted from the production database.

(d) Retained for 3 years: Hardware command audit logs, where maintained — retained for potential legal claims, which must typically be filed within California’s 3-year statute of limitations for property damage.

(e) Retained indefinitely in anonymized form: Aggregated, de-identified usage statistics that do not identify any individual user.

12.3 Dealer Commission Records

DealerCommission records are retained for 7 years from the date of the commission event to comply with federal tax reporting requirements (1099-K obligations for marketplace platforms).

13. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IXOMEAI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;

(b) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;

(d) WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF AI-GENERATED CONTENT;

(e) WARRANTIES THAT HARDWARE COMMANDS WILL BE EXECUTED AS INTENDED.

SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU IN FULL.

14. LIMITATION OF LIABILITY

14.1 Damages Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IXOMEAI’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO IXOMEAI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

14.2 Consequential Damages Exclusion

IN NO EVENT SHALL IXOMEAI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY, OR BUSINESS INTERRUPTION, EVEN IF IXOMEAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.3 Essential Basis

THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN IXOMEAI AND YOU. IXOMEAI WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless IxomeAI, its officers, directors, employees, contractors, agents, licensors, and successors from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service; (b) hardware commands you issue or authorize through the Service; © your violation of these Terms; (d) your violation of any third-party rights; (e) if you are a Dealer, your clients’ use of the Service enabled by you; or (f) any content you submit to the Service.

16. DISPUTE RESOLUTION

16.1 Informal Resolution

Before initiating formal proceedings, you agree to contact IxomeAI at legal@ixome.ai and attempt to resolve the dispute informally for a period of thirty (30) days.

16.2 Binding Arbitration

IF INFORMAL RESOLUTION FAILS, ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES, EXCEPT THAT EITHER PARTY MAY SEEK EMERGENCY EQUITABLE RELIEF IN COURT. Notwithstanding the foregoing, either party may bring an individual claim in small claims court for disputes within that court’s jurisdiction.

16.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST IXOMEAI. IF THIS WAIVER IS FOUND UNENFORCEABLE, THE ARBITRATION CLAUSE IN SECTION 16.2 SHALL ALSO BE VOID.

16.4 Governing Law and Venue

These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in San Diego County, California.

17. TERMINATION

17.1 Termination by You

You may terminate your account at any time through account settings or by emailing support@ixome.ai.

17.2 Termination by IxomeAI

IxomeAI may suspend or terminate your account immediately if: (a) you violate these Terms; (b) your payment fails and is not resolved within the grace period; © IxomeAI is required to do so by law or court order; (d) IxomeAI discontinues the Service (with 30 days’ prior notice where practicable).

17.3 Effect of Termination

Upon termination: (a) your right to use the Service immediately ceases; (b) hardware credentials stored in the Service are deleted; © IxomeAI retains data subject to Section 12.

18. CHANGES TO TERMS

IxomeAI may update these Terms at any time. We will provide notice of material changes by email (if you have provided one), by posting a banner on the Service, or both. Your continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not accept updated Terms, terminate your account before the effective date.

19. GENERAL PROVISIONS

Entire Agreement. These Terms, together with the Privacy Policy and any separately executed agreements (Developer Agreement, Enterprise Agreement), constitute the entire agreement between you and IxomeAI regarding the Service.

Severability. If any provision is found unenforceable, the remaining provisions remain in full force.

No Waiver. IxomeAI’s failure to enforce any right does not constitute a waiver of that right.

Assignment. You may not assign your rights under these Terms without IxomeAI’s written consent. IxomeAI may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure. IxomeAI is not liable for failures caused by events beyond its reasonable control, including natural disasters, power outages, internet disruptions, hardware vendor API changes, or acts of government.

Contact. IxomeAI, Inc. | legal@ixome.ai | San Diego, California | [mailing address — finalized at incorporation]