New Home Connect Updated Terms of Service

These Terms of Service ("Terms") govern your access to and use of New Home Connect, Corp.'s online platform ("New Home Connect" or the "Services"), including our websites, mobile and desktop applications, APIs, widgets, SMS, artificial intelligence including Astro AI, email notifications, and other online or offline services provided by New Home Connect, Corp. ("Company," "we," "us," or "our") and its affiliates: New Home Group Holdings LLC, New Home Star Corp., and New Home Mortgage (collectively, the "Affiliates").

By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Who May Use the Services

You must be at least 16 years old to use the Services. If you are using the Services on behalf of an entity, you represent that you have the authority to bind that entity. Certain features may be restricted to users who satisfy additional eligibility criteria. If you are a resident of a jurisdiction that requires a higher age threshold or additional consent to provide personal information, you must comply with such laws. You agree not to use the Services if you are prohibited from doing so under applicable law.

2. Accounts, Registration and Security

To access certain features you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for safeguarding your password and for any activity that occurs under your account. You must notify us immediately of any unauthorized use of your account. We reserve the right to suspend, disable or terminate accounts, or block access to the Services for any reason or no reason at our sole discretion.

3. License to Use the Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal or internal business purposes. This license does not include any resale, commercial hosting, or other commercial use of the Services without our prior written consent.

4. Content You Provide; License Grant to Company

You retain ownership of any content you submit, post, or display on or through the Services ("User Content"). By submitting User Content, you grant the Company and its Affiliates a worldwide, perpetual, irrevocable (to the extent permitted by law), royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, distribute, and otherwise exploit your User Content (including to create derivative works and to train, validate, test, and improve machine learning and artificial intelligence models), and to incorporate such User Content into other works, products, services, or technologies, in any media formats and through any channels now known or later developed, for any purpose, including commercial purposes. This includes content inserted into any AI applications and Peer Learning sections. You represent and warrant that you have all rights necessary to grant this license and that the exercise of the rights granted herein will not violate any applicable law or the rights of any third party.

5. Company Data Collection and Use (AI and Analytics)

We collect and process data you provide and data generated in connection with your use of the Services. This includes personal data, device and usage data, content metadata, payment and transactional information, and other information described in these Terms as well as location data in some cases including triangle offense check-ins. We and our Affiliates may use such data for the following purposes: (a) Providing, operating, and improving the Services; (b) Developing, training, testing, and deploying machine learning, artificial intelligence, algorithmic, or other automated systems; (c) Research, analytics, product development, and quality assurance; (d) Personalization, recommendations, and advertising (including targeted advertising and measurement); (e) Compliance, security, fraud prevention, and legal obligations; and (f) Any other lawful business purpose.

By using the Services, you expressly consent to the collection, transfer, storage (including cross-border transfers), processing, and use of your data by the Company and our Affiliates for the purposes described herein. Such processing may include the combination of data across Services and Affiliates and the creation of aggregated or de-identified datasets.

We may retain backups, logs, and cached copies of data according to our data retention policies. We may also de-identify or aggregate data and use it for our business purposes without further notice to you.

6. Privacy, Legal Basis, and Your Rights

We process personal data under the legal bases provided by applicable law including consent, contractual necessity, legitimate interests, and compliance with legal obligations. Where applicable, users may exercise rights including access, correction, deletion, restriction, objection, and data portability as provided under local law (e.g., GDPR, CCPA). Requests to exercise such rights can be made through the account settings or by contacting our privacy team at [email protected]. We may require verification of identity before fulfilling requests and may refuse requests to the extent permitted by law.

Certain rights are limited where the processing is necessary for compliance, fraud prevention, security, or to maintain service functionality. We may anonymize or retain copies of removed data as required by law or for legitimate business purposes.

7. Cookies and Tracking Technologies

We and our partners use cookies, web beacons, device identifiers, and similar technologies to provide and improve our Services, to analyze use, and for advertising and personalization. You may control cookies through your browser or device settings; however disabling cookies may affect functionality.

8. Payments, Fees, and Subscriptions

Certain features may be offered for a fee. If you elect to use a paid feature, you agree to the applicable pricing and payment terms. All fees are non-refundable except as required by law or stated in the applicable terms. We may change fees upon notice and may suspend or terminate paid services for non-payment.

9. Prohibited Conduct

You agree not to: (a) use the Services for illegal, harmful, or unauthorized purposes; (b) violate any applicable law, third-party right, or our policies; (c) attempt to gain unauthorized access to the Services, other accounts, or systems; (d) scrape, replicate, or export content without our prior written permission; (e) interfere with the integrity or performance of the Services; or (f) impersonate another person or entity.

10. Enforcement; Reporting Violations

We may investigate and take appropriate action against violations of these Terms, including removing content, issuing warnings, suspending or terminating accounts, and pursuing legal action. You may report violations via our in-app reporting tools or by contacting [email protected].

11. Third-Party Services and Links

The Services may contain links to third-party resources. We are not responsible for the content, policies, or practices of third parties and make no representations regarding any third-party content. Your interactions with third parties are solely between you and the third party.

12. Advertising, Promotions, and Communications

We may display advertising, sponsored content, or promotions within the Services. We may send transactional, promotional, or administrative messages. By providing your contact information, you agree to receive communications pursuant to these Terms and to our messaging policies.

13. Intellectual Property Rights and Feedback

All intellectual property rights in the Services (excluding User Content) are owned by the Company or our licensors. We welcome feedback; any feedback you provide may be used by the Company without any obligation or compensation to you.

14. Security; Data Breach

We maintain administrative, technical, and physical safeguards designed to protect data. Despite these measures, no security system is impenetrable. We will notify affected users and authorities of a data breach as required by applicable law and will take reasonable steps to mitigate harm.

15. Disclaimers

THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO THE COMPANY IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

17. Indemnification

You agree to indemnify, defend, and hold harmless the Company, Affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses arising from your breach of these Terms, your User Content, or your violation of applicable law.

18. Termination and Suspension

We may suspend or terminate your access, or remove content, at our discretion. If your account is terminated, you will lose access to content associated with your account. Provisions that by their nature should survive termination (e.g., Sections 4, 5, 6, 15, 16, 17, 19, and 20) will survive.

19. Governing Law, Dispute Resolution, and Arbitration

These Terms shall be governed by the laws of the State of Illinois without regard to conflict of law rules. Except where prohibited by law, you and the Company agree to first seek mediation administered by the American Arbitration Association. If mediation fails, the dispute will be resolved by binding arbitration in DuPage County, Illinois before a single arbitrator under the rules of the AAA. To the maximum extent permitted by law, both parties waive the right to a jury trial and to participate in a class or representative action.

20. Changes to the Terms

We may modify these Terms at any time. We will provide notice of material changes through in-product notices, email, or a prominent notice on our website. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

21. Miscellaneous

These Terms constitute the entire agreement between you and the Company regarding the Services. If any provision is found invalid or unenforceable, the remaining provisions will remain in full force and effect. No waiver of any provision shall be effective unless in writing and signed by an authorized representative of the Company.

22. Contact Information

For questions about these Terms or privacy matters, contact: New Home Connect Corporation, 145 W. 2nd Street, Elmhurst, IL 60126; Email: [email protected].

23. California Privacy Rights (CCPA/CPRA)

If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), including:

• Right to Know: Request information about the categories and specific pieces of personal information we collect, the sources, business purposes, and third parties with whom we share it.
• Right to Delete: Request deletion of personal information we have collected, subject to legal exceptions.
• Right to Correct: Request correction of inaccurate personal information.
• Right to Opt-Out of Sale/Sharing: Opt-out of sale or sharing of your data for cross-context behavioral advertising.
• Right to Limit Use of Sensitive Information: Restrict our use of sensitive personal information.
• Right to Non-Discrimination: We will not discriminate against you for exercising your rights.

Requests can be submitted to [email protected] or by calling 1-800-730-6170. We will verify requests as required by law, and you may designate an authorized agent.

24. Other U.S. State Privacy Laws

Residents of Virginia, Colorado, Connecticut, Utah, and other states may have similar rights (access, correction, deletion, opt-out of targeted advertising, profiling, and sales). We honor such rights as required by law. Appeals may be submitted through the same contact channels, and you may escalate to your state Attorney General if dissatisfied.

25. International Users (GDPR, UK DPA, and Similar Laws)

For users in the European Economic Area (EEA), the United Kingdom (UK), or similar jurisdictions, rights include:

• Access, Rectification, Erasure, Restriction, Portability, Objection, and Withdrawal of Consent as defined under GDPR.
• Legal bases for processing include consent, contractual necessity, legitimate interests, and compliance with law.
• Users may file complaints with their local supervisory authority if not satisfied with our response.

Appendix A – AI Use and Data Processing Consent

You acknowledge and agree that the Company and its Affiliates may use User Content, metadata, and other information collected through the Services to develop, train, test, fine-tune, and deploy artificial intelligence models, algorithms, or other automated systems. This may include using such data to produce outputs, generate content, or make predictions. We will endeavor to remove directly identifying information when feasible but cannot guarantee full anonymization. You hereby grant the Company and Affiliates a license as set forth in Section 4 for such uses.