Terms of Service

These Terms of Service (the "Terms") govern your use of Domus Next's services, including Domus Next's AI family organization tools ("Nori"), as well as any associated applications ("Applications") or websites that we make available and update from time to time (the "Services"). These Terms form a binding agreement between you and Domus Next Inc. ("Domus Next", "we" or "our"), and may be updated from time to time in accordance with Section 12.12 (Updates to Terms) below, including as we release new features and updates.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS THE USE OF THE SERVICES AND APPLIES TO ALL USERS VISITING OR ACCESSING THE SERVICES. BY ACCESSING OR USING THE SERVICES IN ANY WAY, ACCEPTING THIS AGREEMENT, COMPLETING THE ACCOUNT REGISTRATION PROCESS, OR DOWNLOADING THE APPLICATION, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH DOMUS NEXT, (3) YOU ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

IF YOU SUBSCRIBE TO ANY FEATURE OR FUNCTIONALITY OF DOMUS NEXT FOR A TERM, THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT DOMUS NEXT'S THEN-CURRENT FEE FOR SUCH FEATURES AND FUNCTIONALITY UNLESS YOU OPT OUT OF THE AUTOMATIC RENEWAL IN ACCORDANCE WITH SECTION 4.2 (SUBSCRIPTIONS; FEES) BELOW.

For U.S. customers: Section 11 of these Terms contains an arbitration agreement which, with limited exceptions, requires disputes between us to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement, you: (1) agree to pursue any claims or relief against us only through arbitration, on an individual basis and not in any class or representative action or proceeding; and (2) waive your right to pursue claims or seek relief in a court of law or to have a jury trial.

1. JOINING DOMUS NEXT AND USING OUR SERVICES

1.1 Registration and Account

In order to use certain features of Domus Next's Services, you must register an account (an "Account"). To register an Account, you must be over the age of 13 years and not have been previously removed by Domus Next or banned from using the Services. During Account registration, you will be prompted to provide information about yourself, which you agree to keep accurate and up to date.

1.2 Access and Use of Domus Next

Your use of Domus Next's Services is subject to these Terms, and any other documentation, guidelines or terms we make available to you. You may not share your Account or credentials with any other person and you are responsible for all activities that occur under your Account. Domus Next offers access to certain features subject to certain feature restrictions as part of a "Free Account". Users may purchase access to additional features through a paid subscription to the Services (as part of a "Paid Account"), as described by Section 4 (Fees) below.

1.3 Prohibited Activities

You agree not to:

License, sublicense, sell, rent, lease, transfer, assign, reproduce or distribute, any of the Services;
Automatically or programmatically extract or scrape data or Outputs from the Services;
Use Output to develop models that compete with Domus Next;
Modify, merge, replicate, disassemble, decompile, reverse compile, or reverse engineer any part of the Services;
Interfere with or disrupt our Services, including by circumventing any rate or usage limits or bypassing any protective measures or safety mitigations we put in the Services;
Frame or utilize framing techniques to enclose any Domus Next trademark, logo, or other parts of the Services (including page layout, text or form) or use any metatags or other "hidden text" using Domus Next's name or trademarks;

1.4 Responsibility

Domus Next has developed a cloud-based household management solution that enables users to interact with and delegate tasks to AI-powered agents (each, an "Agent"), who can take actions, make updates, and orchestrate workflows. You acknowledge and accept that Domus Next enables you to deploy the Agent functionality such that the Agents take actions on your behalf. If you request that an Agent take certain actions within or outside the Services, including without limitation, performing transactions, making bookings or communications with third party service providers, you acknowledge that you are solely responsible for authorizing such conduct and are responsible for the actions that the Agent takes on your behalf. Given the probabilistic nature of machine learning, you acknowledge that use of the AI Tools or Agents may in some situations result in inaccurate or incomplete Outputs. You, and not Domus Next, will be solely responsible for your use of the Agents, including any of the Outputs and decisions made or actions taken (whether by you or the Agent) based on any Input or Output. You acknowledge and agree that any conduct you engage in as a result of the information provided by an Agent or any other AI-enabled feature or action made available through the Services is at your own risk. Because Agents use artificial intelligence to communicate with you and take actions on your behalf (if you so request), an Agent may provide Output that is inaccurate. You agree that Domus Next will not be held liable to you or any third party for or as a result of an Agent (or any other AI-enabled feature made available through the Services or third-party Services) providing inaccurate information to you. You acknowledge and agree that Domus Next does not represent or warrant that Outputs will (a) be free from third-party content or (b) not infringe third-party intellectual property rights.

1.5 Privacy Policy

Details of how we collect, use and share your personal data are set out in our Privacy Policy.

2. RIGHTS AND RESPONSIBILITIES REGARDING CONTENT

2.1 Types of Content

Domus Next's Services involve content originating or generated from various sources (collectively, "Content"). You may enter, upload, attach, reference, search for, store or otherwise provide Content (including Reference Content) to the Services ("Input") or create or generate Content through the Services in response to your Inputs ("Output"). Input and Output are collectively "Your Content" for purposes of this Agreement. At your instruction, the Services may reference Content from third-party sources in connection with your use of certain functionalities ("Reference Content"), or Content that is provided or created by other users ("User Content"), both of which may be used or combined with other Inputs to create Output or otherwise be made available to you.

2.2 Ownership of Your Content

To the extent permitted by applicable law and subject to the license you grant to Domus Next (and, in some cases, other users) in Section 2.3 below, you (a) retain any ownership rights you may have in your Input, and (b) own the rights to any Output you create using the Services.

2.3 Content Restrictions

You are responsible for ensuring that Your Content does not violate any applicable law, third party license terms or these Terms, and you represent and warrant that you have any consents, authorizations, rights, licenses, and permissions you may require to provide any Input and create any Output without infringing on or violating any third-party rights. You acknowledge that ownership of Your Content may be subject to the rights of third parties, including the owners of any Reference Content or User Content you use to create your Output. Your use of the Services must comply at all times with this Agreement. Without limiting the foregoing, you must not share Input or other Content on or through the Services, or attempt to create Output through the Services, that:

Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, pornographic, offensive, or profane;
Infringes or misappropriates any third party's intellectual property rights or other proprietary rights;
Contains any viruses, worms, spyware or other malicious computer programming codes that may damage the Services;
Contains any sensitive personal information such as racial, ethnic or national origin; religious or philosophical beliefs; mental or physical health condition, diagnosis, history, treatment or other health data; pregnancy; sex life, sexuality or sexual orientation; status as transgender or non-binary; citizenship; citizenship or immigration status; union membership; status as a victim of crime; genetic, biometric, neural or biological data; precise location information; Social Security number; drivers license number; state identification card number; passport number; account login information; financial information or account number; contents of a communication to which you were not a party. Furthermore, Your Content may not contain nudity, violence, sexually explicit, obscene, or offensive subject matter as determined by Company in its sole discretion.

2.4 License to Your Content

You grant Domus Next and its licensors the right to use and reproduce Your Content to operate and provide the Services to you and to our other users and to exercise the rights granted to Domus Next in this Agreement. You agree that Domus Next may use Your Content to improve and promote the Services, including by training its artificial intelligence models. Certain Services may enable you to specify the level at which such Services permit other users to view or access Your Content, and you are solely responsible for choosing the appropriate level of access. We may also from time to time use third-party services in connection with your use of the Services and this may involve sharing Your Content with such third-party services. Such third-party services are not under our control and we are not responsible for such third-party services.

2.5 Content Provided by Third Parties

Domus Next is not responsible for and does not control your Inputs, or User Content, including any such Content that is shared or referenced by an Agent at your instruction or request. Domus Next has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, the quality, accuracy, legality, appropriateness or provenance of User Content. You use all User Content and interact with other users at your own risk and you will ensure that your use of such Content does not violate this Agreement, applicable law or third-party rights.

2.6 Third-Party Accounts

The Service may allow you to link your Account with a third party account controlled by you (a "Third-Party Account"), as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose grant Domus Next access to your Third-Party without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Domus Next to pay any fees or making Domus Next subject to any usage limitations imposed by such third-party service providers. By granting Domus Next access to any Third-Party Account, you understand that Domus Next may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials that you have provided to and stored in your Third-Party Account so that it is available on and through the Service via your Account. YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND DOMUS NEXT DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS.

2.7 Storage

You agree that Domus Next retains the right to create reasonable limits on Domus Next's use and storage of Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits as determined by Domus Next in its sole discretion. Domus Next has no responsibility for the retention or deletion of any Content, including Your Content; the failure to transmit or receive transmission of any Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.

3. USER CONDUCT

3.1 Monitoring and Enforcement

You acknowledge that Domus Next has no obligation to pre-screen any Content, although Domus Next reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into these Terms, you hereby provide your irrevocable consent to Domus Next's monitoring of Your Content. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content. Domus Next reserves the right to:

Remove or refuse to post any of Your Content for any or no reason in our sole discretion;
Take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms, or infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Domus Next;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services;
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

If Domus Next becomes aware of any possible violations by you of these Terms, Domus Next reserves the right to investigate such violations. If, as a result of the investigation, Domus Next believes that criminal activity has occurred, Domus Next reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Domus Next is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in Domus Next's possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce these Terms, (iii) respond to any claims that Your Content violates the rights of third parties; (iv) respond to your requests for technical support; or (v) protect the rights, property, or personal safety of Domus Next, its users, or the public, and all enforcement or other government officials, as Domus Next in its sole discretion believes to be necessary or appropriate.

4. FEES

4.1 Subscription Fees

If you subscribe to a Paid Account, the fees you are required to pay will be determined by your Paid Account tier (each, a "Subscription Tier"). You will be responsible for payment of the applicable fees for any Subscription Tier ("Subscription Fees") you select at the time you sign up for the applicable Subscription Tier and select your payment package. You agree to pay all applicable Subscription Fees in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable in accordance with Domus Next's then-current pricing, which may be reviewed on your Account landing page. Domus Next reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by e-mail delivery to you.

4.2 Family Plan

Our Family Plan is made available subject to the terms herein. Domus Next reserves the right to determine eligibility for the Domus Next Family Plan. Primary account holders shall be responsible for making payments towards the Domus Next Family Plan, and will be able to invite up to additional members to join their Family Plan. Those additional family members must share a mailing address with the primary account holder. Primary account holders shall be solely responsible for inviting, removing and/or trading out Family Plan members.

4.3 Automatic Renewal

If you sign up for a Paid Account, your subscription will continue indefinitely on a month-to-month (or year-to-year, if an annual subscription is selected) basis until terminated in accordance with these Terms, at Domus Next's then-current Subscription Fees for the applicable Subscription Tier. You may cancel your subscription by logging into and going to the "Manage Subscription" or "Subscription Management" page. If you cancel your subscription, you may continue to use the Paid Account associated with your Subscription Tier until the end of the then-current subscription period in accordance with Section 4.1 (Subscription Fees); however, your subscription will not be renewed after your then-current subscription period expires and your Account will revert back to Free Account status. If you wish to cancel, change, or terminate a Subscription that you purchased from a third-party application store, you must do so prior to the renewal commencement date via such third-party application store. You will not be eligible for a prorated refund of any portion of the Subscription Fees paid for the then-current subscription period. By registering for a Paid Account, you authorize Domus Next to charge your Account at the time of such subscription, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Domus Next does not receive payment from you, you agree that Domus Next may either terminate or suspend your subscription and continue to attempt to charge your Account until payment is received (upon receipt of payment, your Paid Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

4.4 Third-Party Payment Processors

Domus Next currently uses Stripe, Inc. and its affiliates as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (each, a "Payment Processor"). By completing a transaction using the Services, you acknowledge and agree to be bound by the Payment Processor's terms and conditions, which are currently accessible via the following link: https://stripe.com/us/terms. You hereby consent and authorize Domus Next and the applicable Payment Processor to share any information and payment instructions you provide to the minimum extent required to complete your transactions. You acknowledge and agree that Domus Next may, in its sole discretion at any time, change Payment Processors or add additional Payment Processors without notice to you.

4.5 Taxes

The payments required under Section 4.2 (Subscription Fees) of these Terms do not include any Sales Tax that may be due in connection with the Services. If Domus Next determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, Domus Next may collect such Sales Tax in addition to the payments required under Section 4.2 (Subscription Fees) of these Terms. If any Services, or payments for any Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Domus Next, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Domus Next for any liability or expense Domus Next may incur in connection with such Sales Taxes. Upon Domus Next's request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, "Sales Tax" shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

4.6 Promotional Benefits

Domus Next may make available, at its sole discretion, certain promotional credits or benefits for loyalty, award, or promotional purposes ("Promotional Benefits"). Promotional Benefits may expire in accordance with any terms offered with such Promotional Benefits. No purchase is necessary to be eligible to receive Promotional Benefits. Promotional Benefits are eligible for redemption of certain features of the Services. For avoidance of doubt, Promotional Benefits have no cash value, cannot be reloaded, resold, transferred for value, traded or sold on secondary markets, redeemed for cash, or applied to any other account, except to the extent required by law.

5. OWNERSHIP

5.1 Services

Except with respect to Your Content and other User Content, you agree that Domus Next and its suppliers own all rights, title, and interest in the Services (including but not limited to, any computer code, models, themes, objects, concepts, methods of operation, moral rights, documentation, and software). You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any Services.

5.2 Trademarks

Domus Next's name and all related stylizations, graphics, logos, service marks and trade names used on or in connection with any Services are the trademarks of Domus Next and may not be used without permission in connection with your, or any third-party, products or services. Third-party trademarks, service marks, and trade names that may appear on or in the Services are the property of their respective owners.

5.3 Usage Data

Domus Next may monitor your use of the Services and collect and compile data and information related to your use of the Services, Your Content, or the performance, availability, integrity, and security of the Service, including traffic, volumetrics, clickthrough or clickstream data, feature usage, and errors (collectively, "Usage Data"). As between you and Domus Next, all right, title, and interest in Usage Data, and all intellectual property rights therein, belong to and are retained solely by Domus Next. You agree that Domus Next may (a) make Usage Data publicly available in compliance with applicable law; and (b) use Usage Data to the extent and in the manner permitted under applicable law.

5.4 Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to Domus Next ("Feedback") is at your own risk and that Domus Next has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Domus Next a fully paid, royalty-free, perpetual, irrevocable, worldwide, and non-exclusive right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and Domus Next's business.

6. INDEMNIFICATION

You agree to indemnify and hold Domus Next, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "Domus Next Party" and collectively, the "Domus Next Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of any Service in violation of these Terms; (c) your violation of any rights of another party, including any users; or (d) your violation of any applicable laws, rules or regulations. Domus Next reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Domus Next in asserting any available defenses. This provision does not require you to indemnify any of the Domus Next Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with any Services provided hereunder. You agree that the provisions in this Section 6 (Indemnification) will survive any termination of your Account, these Terms and/or your access to the Services.

7. DISCLAIMER OF WARRANTIES AND CONDITIONS

7.1 Acknowledgements

YOU ACKNOWLEDGE AND AGREE:

OUTPUT MAY NOT ALWAYS BE ACCURATE, AND YOU SHOULD NOT RELY ON OUTPUT FROM THE SERVICES AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE;
YOU MUST EVALUATE OUTPUT FOR ACCURACY AND APPROPRIATENESS FOR YOUR USE CASE, INCLUDING USING HUMAN REVIEW AS APPROPRIATE, BEFORE USING OR SHARING OUTPUT FROM THE SERVICES; AND
YOU UNDERSTAND AND AGREE THAT DOMUS NEXT IS NOT RESPONSIBLE FOR YOUR USE OF THE SERVICES, INCLUDING ANY ACTIONS TAKEN BY AN AGENT ON THE SERVICES AT YOUR REQUEST. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY OF YOUR USE OF THE SERVICES COMPLIES WITH APPLICABLE LAW, THIRD-PARTY TERMS AND CONDITIONS OR INTELLECTUAL PROPERTY RIGHTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. DOMUS NEXT EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.

7.2 No Liability for Conduct of Third Parties

YOU ACKNOWLEDGE THIRD-PARTY SERVICES OR CONTENT MADE AVAILABLE TO YOU ARE NOT UNDER DOMUS NEXT'S CONTROL AND THE DOMUS NEXT PARTIES ARE NOT RESPONSIBLE FOR SUCH THIRD-PARTY SERVICES OR CONTENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE DOMUS NEXT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE DOMUS NEXT PARTIES LIABLE, FOR THE CONDUCT OR CONTENT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND OTHER USERS OF THE SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

8. LIMITATION OF LIABILITY

8.1 Disclaimer of Certain Damages

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL DOMUS NEXT PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT DOMUS NEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A DOMUS NEXT PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A DOMUS NEXT PARTY'S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A DOMUS NEXT PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.

8.2 Cap on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, THE DOMUS NEXT PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF:

THE TOTAL AMOUNT PAID TO DOMUS NEXT BY YOU DURING THE THREE (3)-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY;
ONE HUNDRED U.S. DOLLARS ($100); OR
THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.

THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A DOMUS NEXT PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A DOMUS NEXT PARTY'S NEGLIGENCE OR (B) ANY INJURY CAUSED BY A DOMUS NEXT PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.

8.3 User Content

DOMUS NEXT ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

8.4 Exclusion of Damages

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

8.5 Basis of the Bargain

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DOMUS NEXT AND YOU.

9. TERM AND TERMINATION

9.1 Term

These Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with these Terms.

9.2 Prior Use

Notwithstanding the foregoing, you hereby acknowledge and agree that these Terms commenced on the earlier to occur of (a) the date you first used the Services or (b) the date you accepted these Terms, and will remain in full force and effect while you use any Services, unless earlier terminated in accordance with these Terms.

9.3 Termination of Services by Domus Next

If Domus Next has reason to suspect you have violated the terms of these Terms, or if Domus Next is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Domus Next has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Domus Next's sole discretion and that Domus Next shall not be liable to you or any third party for any termination of your Account.

9.4 Termination of Services by You

If you want to terminate the Services provided by Domus Next, you may do so by closing your Account for all of the Services that you use. If you have an active subscription in place for the Services, you will be entitled to use the Services for the remainder of your then-current subscription term and will not be entitled to a refund of your subscription.

9.5 Effect of Termination

Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information associated with or inside your Account (or any part thereof). Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve permanent removal of your access to Your Content associated therewith from our live databases, provided that Domus Next is not obligated to delete or remove any of Your Content. Domus Next will not have any liability whatsoever to you for any suspension or termination, including for any deletion of Your Content. All provisions of these Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

9.6 No Subsequent Registration

If your registration(s) with, or ability to access, the Services or any other Domus Next community, is discontinued by Domus Next due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the Services, then you agree that you shall not attempt to re-register for or access the Services or any Domus Next community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Domus Next reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

10. INTERNATIONAL USERS

The Services may be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Domus Next intends to announce such Services or Content in your country. The Services are controlled and offered by Domus Next from its facilities in the United States of America. Domus Next makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law. The following provisions apply only if you are located in the countries listed below.

11. ARBITRATION AGREEMENT

11.1 Applicability of Arbitration Agreement

If you live in the U.S., subject to the terms of this Section 11 ("Arbitration Agreement"), you and Domus Next agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the Services, any communications you receive from Domus Next, or these Terms and prior versions of these Terms (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except that: (a) you and Domus Next may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (b) you or Domus Next may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, "Dispute" will also include disputes that were not noticed or that involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms.

11.2 Informal Dispute Resolution

There might be instances when a Dispute arises between you and Domus Next. If that occurs, Domus Next is committed to working with you to reach a prompt, low-cost and mutually beneficial resolution. You and Domus Next agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court ("Informal Dispute Resolution"). You and Domus Next agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically ("Informal Dispute Resolution Conference"). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.

To initiate Informal Dispute Resolution, a party must give notice in writing to the other party ("Notice"). Such Notice to Domus Next should be sent by email to support@heynori.com or regular mail to our offices located at Suite 308, 651 N. Broad St., New Castle County, Middletown City, Delaware. The Notice must include:

Your name, telephone number, mailing address, and e-mail address associated with your account (if you have one);
The name, telephone number, mailing address and e-mail address of your counsel, if any;
A description of the Dispute.

Domus Next will send Notice, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date.

The Informal Dispute Resolution process lasts forty-five (45) days and is a mandatory precondition to commencing arbitration. During this period, either party has the option to ask the other to participate in an Informal Dispute Resolution Conference as part of a good faith effort to resolve the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.

The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

11.3 Waiver of Jury Trial

YOU AND DOMUS NEXT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Domus Next are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled "Applicability of Arbitration Agreement" above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

11.4 Waiver of Class and Other Non-Individualized Relief

EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall affect the terms and conditions under the subsection 11.9 entitled "Batch Arbitration." Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, "Waiver of Class and Other Non-Individualized Relief," are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Domus Next agree that the particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Domus Next from participating in a class-wide or mass settlement of claims.

11.5 Rules and Forum

The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, you and Domus Next agree that either party shall have the right to finally resolve the Dispute through binding arbitration.

The arbitration will be administered by the National Arbitration & Mediation ("NAM") in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the "NAM Rules") in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the "NAM Mass Filing Rules"), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Request"). The Request must include: (a) the name, telephone number, mailing address, e-mail address of the party seeking arbitration, and the account username (if applicable), as well as the email address associated with any applicable account; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; (d) a statement certifying completion of the Informal Dispute Resolution process as described above; and (e) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. Any Request you send to Domus Next should be sent by email to support@heynori.com or regular mail to our offices located at Suite 308, 651 N. Broad St., New Castle County, Middletown City, Delaware. Domus Next will provide the Request to your email address on file.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel's name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (i) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery ("Counsel's Certification").

Unless you and Domus Next agree, or the Batch Arbitration process discussed in subsection 11.9 is triggered, the arbitration will be conducted in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the "Fee Schedules").

You and Domus Next agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

You and Domus Next agree that at least fourteen (14) days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party's costs from the time of the offer.

11.6 Arbitrator

The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from NAM's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under subsection 11.9 is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch.

11.7 Authority of Arbitrator

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled "Waiver of Class and Other Non-Individualized Relief," including any claim that all or part of the subsection entitled "Waiver of Class and Other Non-Individualized Relief" is unenforceable, illegal, void or voidable, or that such subsection entitled "Waiver of Class and Other Non-Individualized Relief" has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

11.8 Attorneys' Fees and Costs

The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party's, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel's Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration costs and arbitrators' fees the responding party incurred under the Fee Schedules.

11.9 Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, you and Domus Next agree that in the event that there are twenty-five (25) or more individual Requests of a substantially similar nature filed against Domus Next by or with the assistance of the same law firm, group of law firms, or organizations ("Claimants' Counsel"), within a ninety (90) day period, NAM shall:

Administer the arbitration demands in batches of 100 Requests per batch (or, if between twenty-five (25) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are fewer than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests);
Appoint one arbitrator for each batch;
Provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be selected by Claimants' Counsel or, if Claimants' Counsel does not have a preference, by the arbitrator, and one final award ("Batch Arbitration"). NAM shall administer all batches concurrently, to the extent possible.

All parties agree that Requests are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process ("Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by Domus Next.

You and Domus Next agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes and the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

11.10 Invalidity, Expiration

Except as provided in the subsection entitled "Waiver of Class or Other Non-Individualized Relief," if any part or parts of this Arbitration Agreement (other than Section 12.9) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if Section 11.9 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Delaware. You further agree that any Dispute that you have with Domus Next as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

11.11 30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: support@heynori.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Domus Next account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed, and has no effect on any arbitration agreements with us you may enter in the future.

11.12 Modification

You and we agree that Domus Next retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted on Domus Next's website and you should check for updates regularly. Notwithstanding any provision in these Terms to the contrary, we agree that if Domus Next makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the Domus Next website and/or Services constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms with an arbitration agreement and you did not validly opt out of arbitration, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of arbitration. Domus Next will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.

11.13 Governing Courts

To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in Delaware (except for small claims court actions which may be brought in the county where you reside).

12. GENERAL PROVISIONS

12.1 Governing Law

Any dispute, claim or request for relief relating in any way to your use of the Services will be governed and interpreted by and under the laws of the state of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms.

12.2 Exclusive Venue

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Domus Next agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state or federal courts located in Delaware.

12.3 Electronic Communications

The communications between you and Domus Next may take place via electronic means, whether you visit the Services or send Domus Next emails, or whether Domus Next posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Domus Next in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Domus Next provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.

12.4 Assignment

These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Domus Next's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

12.5 Force Majeure

Domus Next shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

12.6 Notice

Where Domus Next requires that you provide an email address, you are responsible for providing Domus Next with your most current email address. In the event that the last email address you provided to Domus Next is not valid, or for any reason is not capable of delivering to you any notices required/permitted by these Terms, Domus Next's dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Domus Next at the following address: Suite 308, 651 N. Broad St., New Castle County, Middletown City, Delaware. Such notice shall be deemed given when received by Domus Next by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

12.7 Waiver

Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

12.8 Severability

If any portion of these Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

12.9 Export Control

You must comply with all applicable trade laws, including sanctions and export control laws. You may not use the Services in or for the benefit of, or be export or re-export the Services to, (a) any United States embargoed countries, or (b) anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. You may not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Domus Next are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Domus Next products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

12.10 Consumer Complaints

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

12.11 Entire Agreement

These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

12.12 Updates to Terms

Please note that these Terms are subject to change by Domus Next in its sole discretion at any time. When changes are made, Domus Next will make a copy of the updated Terms available on the Services and update the "Last Updated" date at the top of these Terms. If we make any material changes to these Terms, we will provide notice of such material changes. You are responsible for ensuring that your contact information is kept up to date. Any changes to these Terms will be effective immediately for new users of the Services and will be effective for existing users upon the earlier of (1) thirty (30) days after the "Last Updated" date at the top of these Terms of Service, or (2) your consent to and acceptance of the updated Terms if Domus Next provides a mechanism for your immediate acceptance in a specified manner (such as a click-through acceptance), which Domus Next may require before further use of the Services is permitted. If you do not agree to the updated Terms, you must stop using all Services upon the effective date of the updated Terms. Otherwise, your continued use of any of the Services after the effective date of the updated Terms constitutes your acceptance of the updated Terms. Please regularly check the Services to view the then-current Terms. You agree that Domus Next's continued provision of the Services is adequate consideration for the changes in the updated Terms.

12.13 Third-Party Application Access

With respect to any Application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you shall only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple Media Terms of Service, except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple's Family Sharing function, volume purchasing, or Legacy Contacts function. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a "Google Play Sourced Application"), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.

12.14 Accessing and Downloading the Application from the Apple App Store

The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

You acknowledge and agree that (i) these Terms are concluded between you and Domus Next only, and not Apple, and (ii) Domus Next, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Domus Next and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Domus Next.
You and Domus Next acknowledge that, as between Domus Next and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Domus Next acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Domus Next and Apple, Domus Next, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and Domus Next acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

By using Domus Next, you acknowledge that you have read, understood, and agreed to this Terms of Service.