Terms of Service.

Welcome to Nebula Smart Home, LLC. These Terms of Service ("Agreement") govern your Homeowner Membership and related services. By signing up, you agree to these terms.

1. DEFINITIONS AND INTERPRETATION

• "Agreement" means this Homeowner Membership Agreement, as amended from time to time.
• "Membership Services" means the preventative home maintenance services provided by Nebula, including Seasonal Checkups, Basic Fixes, Service Request support, and coordination with third-party providers.
• "Seasonal Checkups" means scheduled visits (typically two (2) per year) intended to assess general property condition, identify maintenance needs, and perform routine preventative tasks.
• "Basic Fixes" or "Minor Repairs" means small, routine maintenance tasks that can be reasonably completed during a scheduled visit without specialized labor, permitting, or significant material costs. Nebula shall determine, in its reasonable discretion, whether a task qualifies as a Basic Fix.
• "Service Address" means the residential property enrolled in this Agreement.

2. MEMBERSHIP SERVICES & FEES

• Membership Rate: Customer agrees to enroll at a rate of $67.00 per month.
• Included Services: Membership includes two (2) Seasonal Checkups per year, Basic Fixes performed during scheduled visits (where feasible), ongoing maintenance request support, and access to Nebula’s network of vetted third-party providers.
• Nature of Services: Services are preventative and support-oriented. Nebula does not provide full-service repair, construction, or renovation services under this Agreement.

3. SERVICE LIMITATIONS AND EXCLUSIONS

• Scope: The monthly fee covers only the Membership Services expressly described in this Agreement.
• Excluded Services: Unless separately approved in writing, services do not include major repairs, structural, electrical, or plumbing work, renovations, emergency restoration, or tasks requiring permits.
• Costs: Materials, parts, or equipment costs are not included in the membership fee.
• Third-Party Services: Nebula may recommend or coordinate with third-party providers but does not control or guarantee their performance, pricing, or availability.

4. TERM, RENEWAL, AND CANCELLATION

• Initial Term: This Agreement shall continue for a twelve (12) month initial term.
• Renewal: Following the Initial Term, the Agreement shall automatically renew on a month-to-month basis unless either party provides thirty (30) days' written notice.
• Early Termination: If Customer cancels before the completion of the Initial Term, Customer agrees to pay 50% of the remaining monthly fees.

5. PAYMENT TERMS

• Billing: Billing begins upon enrollment and recurs monthly on the same calendar date.
• Late Payments: Payments more than ten (10) days late may incur a $25 fee. Services may be suspended after thirty (30) days of non-payment.

6. WARRANTIES AND LIMITATION OF LIABILITY

• Service Warranty: Nebula warrants that Services will be performed in a workmanlike manner using qualified personnel.
• Liability Cap: Nebula's total liability shall not exceed the total amount paid by Customer to Nebula in the twelve (12) months immediately preceding the event giving rise to such liability.
• Force Majeure: Neither party shall be liable for any failure or delay in performance due to events beyond reasonable control, such as natural disasters or utility failures.

7. DISPUTE RESOLUTION

• Governing Law: This Agreement is governed by the laws of the State of Texas.
• Informal Resolution: Parties agree to attempt to resolve disputes through good faith negotiations for thirty (30) days before initiating formal procedures.
• Mediation: If negotiations fail, parties agree to submit the dispute to binding mediation in Texas.
• Class Action Waiver: Customer waives the right to participate in class action lawsuits or representative proceedings.