Quali Tag Terms and Conditions / User Agreement

1. Ownership and Proprietary Rights

The App, Website, all related software, source code, object code, architecture, design, user interface, workflows, features, functionality, branding, trademarks, trade dress, logos, data structures, reports, exports, and related intellectual property are proprietary to Quali Tag and Cleverly LLC, and are protected by applicable intellectual property and other laws.

All rights not expressly granted to you are reserved by Quali Tag and Cleverly LLC.

As between you and Quali Tag, you retain ownership of the lead records, notes, exports, and other information you submit to or generate through the App or Website ("Customer Data").

You grant Quali Tag and Cleverly LLC a worldwide, non-exclusive, sublicensable license to host, store, process, reproduce, modify, transmit, export, display, and otherwise use Customer Data as reasonably necessary to operate, secure, support, improve, and provide the App and Website, enforce this Agreement, comply with law, and fulfill your requested workflows.

Quali Tag and Cleverly LLC own all right, title, and interest in and to the App and Website themselves, including all software, design elements, workflows, interfaces, analytics methodology, trade dress, trademarks, and related intellectual property, as well as aggregated and de-identified data, derived product insights, and service-improvement outputs that do not identify you, your business, or individual homeowners.

2. Limited License

Subject to your compliance with this Agreement, Quali Tag grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the App for its intended business purpose.

By using the App and selecting a professional field, trade, or service category, you represent that you are a professional in that field, or otherwise have the training, experience, or professional familiarity needed to identify relevant service needs in that industry.

You may not:

1. Copy, modify, adapt, translate, or create derivative works of the App.
2. Reverse engineer, decompile, disassemble, or attempt to discover source code.
3. Sell, lease, sublicense, distribute, or otherwise commercialize the App except as expressly authorized in writing.
4. Remove, alter, or obscure proprietary notices.
5. Use the App in any unlawful, unsafe, or unauthorized manner.

3. Safety, Driving, and User Conduct

You are solely responsible for your conduct while using the App.

You agree to use the App only in a safe and lawful manner and in compliance with all traffic, transportation, and safety laws and regulations.

You agree that you will not use the App in a way that causes or contributes to distracted driving, unsafe operation of a vehicle, or any other unsafe behavior.

The App is designed primarily for tracked residential neighborhoods with identifiable individual homes. When used lawfully and safely, tagging performance is generally strongest when you are approximately 15 to 30 feet away from the structure you intend to tag. Performance may vary based on GPS accuracy, mapping and building-footprint coverage, parcel layout, neighborhood density, device condition, connectivity, and user behavior.

You must comply with all applicable state and local laws regarding handheld-device use while driving. You are solely responsible for knowing and following the rules that apply where you drive.

If use of the App while operating a vehicle would violate applicable law, require you to hold or manually interact with a device, or create any unsafe condition, you must not open, view, tap, type into, or otherwise interact with the App until you can do so safely and legally.

Where permitted by law, if you choose to use a mobile device in a vehicle, we strongly recommend that it be secured in a properly mounted hands-free holder and used only through legally permitted hands-free interaction. A holder, mount, or hands-free setup does not make use of the App lawful or safe in every jurisdiction, and you remain solely responsible for complying with all applicable laws and operating your vehicle safely.

4. Assumption of Risk and Release of Liability

By using the App, you acknowledge and agree that:

1. You assume all risk associated with your use of the App.
2. Quali Tag, Cleverly LLC, and their affiliates, owners, officers, employees, contractors, licensors, partners, and agents (collectively, "Quali Tag Parties") are not responsible or liable for unsafe actions, distracted driving, collisions, injuries, property damage, death, or any other loss, damage, claim, or liability arising out of or related to your use or misuse of the App or Website.
3. You release the Quali Tag Parties from any and all claims to the fullest extent permitted by law arising out of or related to unsafe use of the App, including while operating a vehicle.

5. No Warranty

The App and Website are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, or reliability.

Quali Tag does not warrant that the App will be uninterrupted, error-free, secure, or suitable for any particular use case.

6. Limitation of Liability

To the maximum extent permitted by law, the Quali Tag Parties will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost business, lost data, personal injury, or property damage arising out of or related to the App or Website, even if advised of the possibility of such damages.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Quali Tag Parties from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

1. Your use or misuse of the App or Website.
2. Your violation of this Agreement.
3. Your violation of any law, rule, regulation, or third-party right.

8. Confidentiality and Non-Disclosure

During your use of the App or Website, either party may disclose non-public business, technical, operational, product, customer, or user information that a reasonable person would understand to be confidential, including product plans, feature roadmaps, workflows, screenshots, pricing, training materials, support communications, Customer Data, and related analytics ("Confidential Information").

The receiving party agrees to:

1. Use Confidential Information only as reasonably necessary to evaluate, access, use, support, or receive the App or Website.
2. Protect Confidential Information using at least reasonable care.
3. Not disclose Confidential Information to third parties except to employees, contractors, or professional advisers with a legitimate need to know and who are bound by confidentiality obligations.
4. Promptly notify the disclosing party of any unauthorized use or disclosure of Confidential Information known to the receiving party.

Confidential Information does not include information that:

1. Becomes public through no breach of this Agreement.
2. Was already lawfully known to the receiving party without a duty of confidentiality.
3. Is independently developed without use of the disclosing party's Confidential Information.
4. Is lawfully received from a third party without restriction.

If disclosure is required by law, subpoena, or court order, the receiving party may disclose only the portion legally required and, where legally permitted, will provide prompt notice to the disclosing party so protective measures may be sought.

These confidentiality obligations survive termination of this Agreement. Trade secrets and Customer Data remain protected for so long as applicable law provides.

9. Modifications to the Agreement

Quali Tag may modify this Agreement at any time. Updated terms may be posted in the App, Website, or both. Continued use after updates become effective constitutes acceptance of the revised Agreement.

10. Termination

Quali Tag may suspend or terminate your access to the App or Website at any time, with or without notice, for any reason, including violation of this Agreement.

Upon termination, your license to use the App ends immediately.

11. Governing Law

This Agreement is governed by applicable laws of the United States and the state in which Cleverly LLC is organized or principally conducts business, without regard to conflict-of-law principles.

12. Data Retention and Export Cleanup

QualiTag lead records are retained on-device for up to 90 days from the tagged date.

To help manage device storage, the App may offer users an option to delete exported leads after a successful export.

Users are responsible for retaining their own copies of exported records if they choose to delete exported leads from the App.

13. Contact

For questions regarding these Terms and Conditions / User Agreement, contact:
Quali Tag / Cleverly LLC
Email: feedback@hometagapp.com
Website: hometagapp.com

Terms URL: https://hometagapp.com/terms