Terms of Service
Last Updated: January 15, 2025 | Version: 2.0
1. Definitions and Interpretation
1.1 Definitions:
- "Agreement" means these Terms of Service and all referenced policies
- "Services" means TWH's platform, website, mobile applications, and related services
- "Material Change" means any modification substantially affecting user rights or data handling
- "Commercially Reasonable" means measures consistent with industry standards
- "Business Day" means Monday through Friday, excluding federal holidays
1.2 Interpretation:
- "Including" means "including without limitation"
- "May" denotes permission; "shall" and "must" denote obligation
- "Written" includes electronic communications
2. Acceptance and Eligibility
2.1 Acceptance
By accessing or using the Services, you represent and warrant that you have read, understood, and agree to be bound by this Agreement.
2.2 Eligibility
You must:
- Be at least eighteen (18) years of age
- Currently reside in the United States
- Not use VPN or location-masking technology
- Have legal capacity to enter binding contracts
2.3 Organizational Use
If using Services on behalf of an entity, you represent and warrant that you have authority to bind such entity.
3. User Accounts
3.1 Registration
You shall provide accurate, current, and complete information during registration and maintain such information.
3.2 Security
You are solely responsible for:
- Maintaining confidentiality of credentials
- All activities under your account
- Immediately notifying us of unauthorized use
3.3 Account Types
- Investor: Access to investment opportunities
- Partner Organization: Property listing and management
- Administrator: Platform oversight capabilities
3.4 Termination
We reserve the right to suspend or terminate accounts for violation of this Agreement, with notice unless legally prohibited.
4. Investment Services
4.1 Nature of Services
TWH facilitates connections between investors and affordable housing projects. We are not a broker-dealer, investment advisor, or financial institution.
4.2 No Investment Advice
Nothing on the platform constitutes investment, tax, or legal advice. You should consult appropriate professionals before making investment decisions.
4.3 Investment Risks
All investments carry risk, including potential total loss. Past performance does not guarantee future results.
4.4 Accredited Investors
Certain opportunities may be limited to accredited investors as defined by SEC regulations.
4.5 Payment Processing
We utilize third-party payment processors. By submitting payment, you authorize us to charge the specified amount plus applicable fees.
4.6 Refund Policy
All investments and donations are final and non-refundable except as required by law or stated in writing.
5. User Content and Conduct
5.1 License Grant
You hereby grant TWH a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display User Content.
5.2 Prohibited Conduct
You shall not:
- Violate any applicable laws or regulations
- Infringe intellectual property rights
- Post false, misleading, or defamatory content
- Harass, threaten, or intimidate others
- Attempt unauthorized access to systems
- Use Services for unlawful purposes
5.3 Monitoring
We reserve the right, but not the obligation, to monitor, review, and remove User Content at our sole discretion.
6. Property Listings
6.1 Accuracy Disclaimer
Property information is provided by third parties. We do not guarantee accuracy, completeness, or availability.
6.2 No Warranty
Properties are presented "as available" without warranties regarding condition, suitability, or investment potential.
6.3 Due Diligence
You are solely responsible for conducting appropriate due diligence before making investment decisions.
7. Intellectual Property
7.1 TWH Property
All Services content, except User Content, is owned by or licensed to TWH and protected by applicable laws.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use Services for permitted purposes.
7.3 Restrictions
You shall not copy, modify, distribute, sell, or lease any part of Services without prior written consent.
8. Privacy and Data Protection
8.1 Privacy Policy
Your use of Services is subject to our Privacy Policy, incorporated herein by reference.
8.2 Data Processing
By using Services, you consent to data collection, processing, and sharing as described in the Privacy Policy.
8.3 Communications
You consent to receive electronic communications from us. Such communications are deemed received 24 hours after sending.
9. Third-Party Services
9.1 Integration
Services integrate with third-party providers including:
- Stripe (payment processing)
- WorkOS (authentication)
- Mapbox (mapping services)
9.2 Third-Party Terms
Your use of third-party services is subject to their respective terms and privacy policies.
9.3 Disclaimer
We are not responsible for third-party services, content, or practices.
10. Disclaimers and Limitations
10.1 AS-IS BASIS
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
10.2 LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TWH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY.
10.3 AGGREGATE LIABILITY
OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR AMOUNTS PAID BY YOU TO TWH IN THE TWELVE MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to defend, indemnify, and hold harmless TWH, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of Services; (b) your violation of this Agreement; (c) your violation of any rights of another; (d) your User Content; or (e) your investment decisions.
12. Dispute Resolution
12.1 Governing Law
This Agreement shall be governed by Missouri law, without regard to conflict of law principles.
12.2 Arbitration
Any dispute shall be resolved through binding arbitration under AAA rules, except for claims qualifying for small claims court.
12.3 Class Action Waiver
You waive any right to bring claims as a class or collective action.
12.4 Venue
Any permitted court proceedings shall occur exclusively in Jackson County, Missouri.
12.5 Limitation Period
Claims must be filed within one (1) year after the claim arose or be forever barred.
13. AI and Automated Systems
13.1 Use of AI
We employ artificial intelligence for:
- Property-investor matching
- Risk assessment
- Fraud detection
- Recommendation generation
13.2 No Guarantee
AI-generated recommendations may contain errors. You should independently verify all information.
13.3 Human Review
You may request human review of automated decisions affecting your account.
14. Modifications
14.1 Right to Modify
We reserve the right to modify this Agreement at any time.
14.2 Notice
We will provide 30 days' notice of material changes via email or platform notice.
14.3 Acceptance
Continued use after changes constitutes acceptance. If you disagree, you must discontinue use.
15. General Provisions
15.1 Entire Agreement
This Agreement constitutes the entire agreement between parties and supersedes all prior agreements.
15.2 Severability
If any provision is invalid, the remainder shall continue in full effect.
15.3 No Waiver
Failure to enforce any provision shall not constitute waiver.
15.4 Force Majeure
Neither party is liable for delays due to circumstances beyond reasonable control.
15.5 Assignment
You may not assign rights without written consent. We may assign freely.
15.6 Survival
Provisions regarding liability, indemnification, and disputes survive termination.
16. Technical Requirements
16.1 Cookies Required
Services require cookies for authentication and security.
16.2 JavaScript
JavaScript must be enabled for full functionality.
16.3 Supported Browsers
Current versions of Chrome, Firefox, Safari, or Edge recommended.