HomeButler Terms of Sale

Draft under review. These terms are not yet in effect, and bracketed items are still to be filled in. Nothing is for sale until checkout opens.

Effective date: [EFFECTIVE DATE] · Last updated: [LAST UPDATED DATE]

IMPORTANT – PLEASE READ. Section 24 says that most disputes between you and us will be resolved by binding individual arbitration, not in court, and that you give up the right to a jury trial and to take part in a class action. You can opt out within 30 days (Section 24.7). Sections 18 and 19 limit our warranties and liability. Section 8 explains that HomeButler is not a safety, security-monitoring, medical or emergency system.

These Terms of Sale ("Terms") apply when you buy or use any HomeButler product from [SELLER LEGAL NAME] through iramccune.com or any other channel we run. By placing an order, ticking the acceptance box at checkout, or installing or using HomeButler, you agree to these Terms. If you do not agree, do not buy or use HomeButler.

Related documents, which form part of these Terms: the Refund Policy, the Privacy Policy, the HomeButler Care Terms (if you buy a support plan) and the Source Code Offer.

1. Who we are

"We", "us" and "our" mean [SELLER LEGAL NAME], a [ENTITY TYPE] organized under the laws of [STATE OF ORGANIZATION], with its address at [ADDRESS]. Contact: support@iramccune.com · [SUPPORT PHONE].

"You" means the person buying or using HomeButler.

2. What we sell

  1. HomeButler software — a download of the HomeButler installer, scripts, configuration and app, for a one-time price (currently $99.99). It includes new versions and updates for as long as we publish them, and does not include support (see HomeButler Care). It installs and configures free and open-source programs on a computer you control.
  2. HomeButler box — a mini PC (currently a BOSGAME E7 or a comparable model we choose) with HomeButler pre-loaded, shipped to you. It comes in three versions: Standard (16 GB RAM, 512 GB storage; currently $1,299), Pro (32 GB RAM, 1 TB storage; currently $3,299) and Family Hub (a Pro box plus a wall-mounted tablet, installed in your home by us; currently $4,499), with optional RAM and storage add-ons, priced by quote on request and fitted before the box ships. The prices shown at launch are founder prices, held for each order reserved with a deposit (Section 5).
  3. HomeButler Care — a support plan. The first year is included with every HomeButler box, starting on the day the box is delivered (or installed, for Family Hub). After that, Care is optional at $199 per year and, once you subscribe, renews automatically every year until you cancel. Software-only buyers can subscribe at $199 per year from the day they buy. It is governed by the HomeButler Care Terms.
  4. Optional add-ons — features that are off by default and that you choose to switch on yourself, such as the media-downloads-through-your-own-VPN add-on and the Windows "AI/Gaming" add-on.

HomeButler is designed for Linux (including the pre-loaded box). The Windows add-on is offered as described on the product page. We do not sell or support HomeButler on macOS, even if some scripts happen to run there.

3. Eligibility

  • You must be at least 18 years old and able to form a binding contract.
  • We sell and ship only to addresses in the United States (the 50 states and D.C. [and list any territories you choose]). You must not buy for resale outside the United States without our written agreement.
  • Export. You agree to comply with U.S. export-control and sanctions laws. You must not export, re-export or transfer HomeButler, the box or any part of them to a sanctioned country, region or person, or use them for any prohibited end use.
  • You are buying for personal, family or household use, unless we have agreed otherwise in writing (for example, an integrator agreement).

4. Orders and acceptance

  • Your order is an offer to buy. A contract is formed only when we accept it, which happens when we send an order confirmation email or deliver the download (for software) or ship the box (for hardware), whichever comes first.
  • We may refuse or cancel any order before acceptance — for example, if a product is unavailable, the price or description was wrong, we suspect fraud, or the order breaks these Terms. If we cancel after charging you, we refund what you paid for the cancelled item.
  • We may limit quantities per customer.

5. Prices, payment and sales tax

  • Prices are in U.S. dollars and are shown at checkout. We may change prices at any time, but a change does not affect an order we have already accepted. Price changes for HomeButler Care follow the notice rules in the Care Terms.
  • Payment is processed by our payment processor, [PAYMENT PROCESSOR]. We do not see or store your full card number.
  • Reservation deposit (HomeButler box). You reserve a box by paying a $99 deposit at checkout. The deposit holds the price shown when you reserved for that order, including a founder price. Before we ship (or install, for Family Hub), we email you an invoice for the balance: the price minus the deposit, plus any tax and shipping. We ship once the balance is paid. The deposit is fully refundable until you pay the balance: email support@iramccune.com and we refund it to your original payment method (see the Refund Policy, Section 2.5). If the balance is still unpaid [14] days after our invoice, we may cancel the reservation and refund the deposit. [Attorney: confirm the deposit wording and when a reserved order is "accepted" under Section 4.]
  • Sales tax. We collect sales and use tax where the law requires it, based on your shipping address (hardware) or billing address (downloads and services). The tax is shown at checkout. Where we do not collect tax, you may owe use tax to your state.
  • Shipping charges, if any, are shown at checkout.

6. Shipping and risk of loss (HomeButler box)

  • We ship using a carrier we choose to the U.S. address you give us. Delivery dates are estimates, not promises.
  • Title and risk of loss for the box pass to you when we hand the box to the carrier, except where your state's law says risk passes on delivery to you, in which case that rule applies. [Attorney: confirm; some sellers prefer risk-on-delivery for consumer goods.]
  • Inspect the package when it arrives. Report missing, damaged or wrong items within [5] days of delivery to support@iramccune.com with photos. Dead-on-arrival units are handled under the Refund Policy.
  • If a package is lost in transit, contact us and we will work with the carrier.
  • Family Hub install. For Family Hub we bring the box and the wall tablet to your home and install them at a time we agree with you, within [SERVICE AREA]. Title and risk of loss pass to you when the install is finished. You agree to give us safe access and to tell us beforehand where the tablet should be mounted; mounting into the wall is done with your permission and at your direction.

7. Licence and open-source software

7.1 Our scripts and app

HomeButler's own installer, scripts, configuration files and app (the "HomeButler Scripts") are licensed to you under [HomeButler scripts licence]. If no other licence is stated there, we grant you a personal, non-exclusive, non-transferable licence to install and use the HomeButler Scripts on computers you own or control, for your household's use. Except as that licence allows, you may not resell, sublicense or redistribute the HomeButler Scripts or remove our notices.

7.2 Third-party open-source components

HomeButler installs and configures many third-party programs (for example Home Assistant, Ollama, Immich, Nextcloud, Jellyfin and Tailscale) and container images downloaded from their publishers. These components are not ours. Each is licensed to you directly by its authors under its own licence (such as GPL, LGPL, AGPL, Apache, MIT, BSD or other licences), shown in each component's licence or NOTICE file and in THIRD-PARTY-NOTICES.md.

  • Nothing in these Terms restricts any right you have under those licences. Where an open-source licence conflicts with these Terms, the open-source licence controls for that component.
  • Where a licence (such as the GPL or LGPL) requires us to make source code available, we do so as described in our Source Code Offer.
  • The open-source models used by the assistant are provided under their own model licences, which you agree to follow.

7.3 Trademarks

Home Assistant, Jellyfin, Nextcloud, Immich, Ollama, Tailscale and other names are trademarks of their owners. We are not affiliated with or endorsed by them unless we say so.

8. Not a safety, security, medical or emergency system

HomeButler is a convenience product. It is NOT a life-safety system, a fire or carbon-monoxide alarm, a professionally monitored security or burglar-alarm system, a medical-alert or medical device, or a way to call emergency services.

  • Alerts about smoke, carbon monoxide, water leaks, doors, locks, cameras or motion are convenience notifications only. They depend on your power, home network, internet, phone, third-party devices and cloud services, any of which can fail, be delayed or be switched off without warning.
  • Keep working smoke and CO detectors that are listed by a recognized testing laboratory (such as UL), installed as required by your local codes, and use a professional monitoring service if you need monitoring.
  • Do not rely on HomeButler to protect life, health or property, to lock or unlock doors in an emergency, or to contact anyone in an emergency. In an emergency, call 911.
  • Automations (for example, "lock all doors at 11 PM") may not run if the box, network or device is offline. Check important things yourself.

9. Cameras, microphones and recording laws

HomeButler can show, store and process video, still images and audio from cameras, doorbells and microphones (including voice-assistant microphones). You are solely responsible for how you use them. In particular:

  • Follow recording and wiretap laws. Federal and state laws restrict recording conversations. Some states (for example California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington, among others) require the consent of everyone in a private conversation before audio is recorded. If you are unsure, turn off audio recording.
  • Give notice where required. Some states and localities require signs or notice for video surveillance, and prohibit cameras in places where people expect privacy (bathrooms, bedrooms of guests, etc.). If you have household staff, tenants, guests or a rental (such as a short-term rental), you are responsible for notice and consent rules that apply to them.
  • Do not record your neighbours' private property or public areas beyond what your local law allows. Aim cameras at your own property.
  • Do not use HomeButler to stalk, harass, or secretly monitor any person, including a spouse, partner or other adult.
  • You are responsible for the photos, videos and recordings you store, and for responding to any request or legal obligation that relates to them.

10. Integrations and third-party services

HomeButler can connect to many third-party devices, apps and cloud services (for example smart-home brands, camera makers, streaming and weather services, Tailscale, push-notification services and AI providers).

  • Those services belong to their vendors, not to us. Your use of them is governed by the vendor's own terms and privacy policy, and you are responsible for any account, fee or subscription they require.
  • Vendors can change, limit, charge for, or shut down their apps, APIs, cloud services or device firmware at any time, without notice to us. When that happens, an integration may stop working, partly or completely. We will try to help, but we do not promise that any integration will keep working, and a vendor change is not a defect in HomeButler.
  • Unofficial and community integrations — for example integrations for Eufy, Ring and other brands that are not built or supported by the device maker — are provided "as is". They may break, may be blocked by the vendor, and may conflict with the vendor's terms. You choose whether to use them.
  • "Works with" or brand names on our site describe compatibility only, not endorsement.

11. AI features and your own AI accounts

  • Local by default. HomeButler's assistant runs open-source AI models on your own box by default. AI output can be wrong, incomplete or inappropriate. Check important answers yourself, and do not rely on AI output for medical, legal, financial or safety decisions.
  • Your own third-party AI accounts (optional). You may choose to link your own account or API key from a third-party AI provider (for example Anthropic, OpenAI or Google) in Home Assistant. If you do:
    • You contract directly with that provider. Their terms, usage policies, privacy policy and prices apply, and you pay them directly. We do not resell, sublicense or control those services.
    • The requests you send (which may include your prompts, voice transcripts and smart-home data) go to that provider under its terms.
    • Consumer chat subscriptions (such as Claude Pro or ChatGPT Plus) are generally not API keys and usually cannot be used for this; API usage is normally billed separately by the provider.
    • You are responsible for keeping your keys secret, setting spending limits with the provider, and any charges incurred.

12. Media-downloads add-on (your VPN, your responsibility)

The optional downloads add-on (download client, indexer manager and library managers, routed through a VPN) is off by default. If you switch it on:

  • We ship no indexers, trackers, sources or content. You choose and add every source, and you choose everything you download.
  • You must only download content you have the legal right to download. Copyright infringement ("piracy") is prohibited. You are solely responsible for complying with copyright law (including the DMCA) and with your internet provider's terms.
  • You must bring your own VPN account and comply with your VPN provider's terms. The VPN protects download traffic as described in our documentation, but no technology guarantees anonymity or security.
  • Setup asks you to confirm this responsibility before the add-on turns on. If you do not confirm, it stays off.
  • We may refuse support for, or end your licence over, use of the add-on that we reasonably believe is unlawful.

13. Acceptable use

You agree not to use HomeButler, our website or our support services to:

  • break any law, or infringe anyone's intellectual-property, privacy or publicity rights;
  • record, monitor or track anyone without the consent or notice the law requires;
  • distribute malware, attack or probe other systems, or send spam;
  • host content that exploits minors or is otherwise illegal;
  • abuse, threaten or harass our staff; or
  • reverse-engineer our licence checks or support systems, except as applicable law or an open-source licence allows.

14. Your data and backups

  • HomeButler stores your photos, files, media, recordings, settings and smart-home data on your box, not on our servers. You are responsible for that data and for backing it up.
  • Drives fail, computers are stolen, and updates or user actions can delete data. Keep at least one backup in a different place (for example, an external drive and a cloud backup).
  • We may recommend a third-party cloud-backup provider. If you buy from them, you contract with them, their terms apply, and we may earn an affiliate commission at no extra cost to you.
  • Except to the extent caused by our gross negligence or wilful misconduct, we are not responsible for lost or corrupted data, and we do not guarantee data recovery.

15. Updates

  • We publish new HomeButler releases and rollback images on our website. Installing an update is your choice. HomeButler does not install our releases on its own. (Individual third-party apps may have their own update mechanisms, which you control.)
  • Updates may add, change or remove features, or drop support for older hardware or integrations.
  • We are not obliged to keep releasing updates, but we intend to publish security fixes for the current release for [UPDATE SUPPORT PERIOD, e.g. at least 12 months from purchase].
  • Back up before updating. Use the published rollback image if an update causes problems.

16. Remote support

  • We access your box only with your consent, one session at a time. You turn on access yourself (for example with butler support on), which creates a temporary, time-limited support account and shares the box with us through Tailscale. You can turn it off at any time (for example with butler support off), and it switches off by itself when the time limit ends.
  • During a session we access only what is reasonably needed to fix the issue, and we keep a log of what we did, which you may request.
  • Remote support may require us to view personal data on your box. Our handling of that data is described in the Privacy Policy.
  • You are responsible for having backups before a session. Don't leave support access on when you don't need it.

17. Hardware warranty

  • The HomeButler box is covered by the hardware manufacturer's written limited warranty, which we pass through to you to the extent we are permitted. A copy of the warranty terms is [included in the box / available at [WARRANTY URL]] and is available for review before purchase, as federal law requires.
  • Dead-on-arrival units are handled under our Refund Policy.
  • Un-validated skills. HomeButler lets you install add-ons ("skills") that we have not checked, but only after you type "VOID MY WARRANTY" on the box. From that date, for that box: HomeButler Care and our other support end (any prepaid Care is refunded pro rata); any warranty we give ourselves (including dead-on-arrival replacement) no longer applies. The date is recorded on the box and is not cleared by removing the skill. This does not affect the manufacturer's warranty, which is governed by its own terms and by law, or any right you have that cannot be waived. Signed skills from our Skills page do not have this effect.
  • [OPTIONAL — only if you decide to give your own written warranty: "We also warrant that the box, with HomeButler as shipped, will be free from defects in materials and workmanship for [90 days] from delivery. Your only remedy under this warranty is repair or replacement, or, if we can't do either, a refund of the price of the box." If you add this, have counsel make it compliant with the federal Magnuson-Moss Warranty Act (designation as a "limited" warranty, single-document disclosure, pre-sale availability) and see Section 18.3.]

18. Warranty disclaimer

18.1 Software and services

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE HOMEBUTLER SOFTWARE, THIRD-PARTY COMPONENTS, INTEGRATIONS, AI FEATURES, ADD-ONS, UPDATES AND SUPPORT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. We disclaim all express and implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that HomeButler will be uninterrupted, error-free, secure, or compatible with any particular device or service.

18.2 Hardware with no written warranty from us

Where we give no written warranty of our own for the box, we sell the box with the manufacturer's warranty only and, to the maximum extent permitted by law, disclaim our own implied warranties of merchantability and fitness for a particular purpose.

18.3 Hardware where a written warranty is given

If we (or a written warranty we give or adopt) cover the box, we do not disclaim implied warranties. Instead, any implied warranty of merchantability or fitness for a particular purpose is limited in duration to the length of that written warranty, to the extent the law allows. Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. [Attorney: confirm whether "passing through" the manufacturer's warranty counts as "giving" a written warranty in your situation, and adjust 18.2/18.3.]

If you buy HomeButler Care within 90 days of buying the box or software, we do not disclaim implied warranties on that purchase. Federal law (Magnuson-Moss Warranty Act, 15 U.S.C. 2308) treats Care as a service contract, so implied warranties are limited in duration as described above instead of being disclaimed. [Attorney: confirm how 2308 applies to a yearly support plan, and to the first year of Care included with each box, and adjust 18.2 to match.]

18.4 Your state's rights

This warranty gives you specific legal rights, and you may also have other rights that vary from state to state. Some states do not allow the exclusion of implied warranties or of incidental or consequential damages, so some of the above may not apply to you.

19. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  1. We are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost data, lost profits, property damage, personal injury, cost of substitute products, or losses caused by a failed alert, automation, integration, third-party service, vendor change, AI output, or security breach, however caused and even if we were told they were possible.
  2. Our total liability for all claims relating to HomeButler, these Terms or any product or service we provide is limited to the greater of (a) the amount you paid us for the product or service that gave rise to the claim, or (b) the total amount you paid us in the 12 months before the event giving rise to the claim.
  3. These limits apply to every legal theory (contract, tort including negligence, strict liability, statute or otherwise) and even if a remedy fails of its essential purpose.

Nothing in these Terms limits liability for death or personal injury caused by our negligence where that cannot be limited by law, for fraud, or for anything else that cannot lawfully be limited. Some states do not allow these limitations, so they may not apply to you.

20. Indemnity

To the extent permitted by law, you agree to defend, indemnify and hold harmless [SELLER LEGAL NAME] and its owners, employees and contractors from claims, losses, fines and reasonable legal fees brought by third parties arising out of: (a) your recordings or use of cameras and microphones; (b) your use of the downloads add-on or any content you download, store or share; (c) your use of third-party accounts, AI providers or integrations; (d) your breach of these Terms or of any law; or (e) your violation of anyone else's rights. We will tell you promptly about any such claim and may take part in the defence at our own cost.

21. Suspension and termination

We may suspend or end your HomeButler Care plan, remote support or access to downloads if you materially breach these Terms (including through a fraudulent chargeback or unlawful use), after giving you notice and a chance to fix it where reasonable. The open-source components remain available to you under their own licences. Sections that by their nature should survive (including 7.2, 8–14, 18–20, and 22–29) survive termination.

22. Changes to these Terms

We may update these Terms. We will post the new version with a new "Last updated" date and, for material changes, email active customers at least [30] days before the change takes effect. Changes apply to purchases and support periods after the effective date. Changes do not apply to a dispute you have already told us about, and we will not change the arbitration section (Section 24) for a pending dispute. If you do not agree to a change, you may cancel HomeButler Care before the change takes effect.

23. Informal dispute resolution

Before starting arbitration or a small-claims case, you and we each agree to try to resolve the dispute informally for 60 days. Send a written notice describing the dispute and the relief you want to [LEGAL NOTICE EMAIL] or [ADDRESS] (we will send ours to the email on your order). Include your name, order number and contact details. We will contact you to talk. Deadlines for filing are paused during this period.

24. Binding individual arbitration and class-action waiver

24.1 Agreement to arbitrate. Except as stated in 24.3, any dispute, claim or controversy between you and us arising out of or relating to HomeButler, these Terms, any product or service we sell, our marketing, or our privacy practices (each a "Dispute") will be resolved only by binding individual arbitration, not in court. This includes disputes about whether a Dispute must be arbitrated, except that a court decides questions about the class-action waiver (24.4) and the mass-arbitration provisions.

24.2 Rules and administrator. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect (available at adr.org), as modified by this section. The Federal Arbitration Act governs this section. A single arbitrator will decide. The hearing will take place in the county where you live or by video or phone, or, for claims of $10,000 or less, on written submissions unless the arbitrator decides otherwise. We will pay all AAA filing, administrative and arbitrator fees above the amount you would pay to file in court, except where the arbitrator finds your claim frivolous. The arbitrator may award any individual relief a court could award, including attorneys' fees where the law allows.

24.3 Exceptions. Either of us may (a) bring an individual claim in small-claims court if it qualifies and stays there, and (b) seek a court order to stop infringement or misuse of intellectual property. You may also report matters to a government agency.

24.4 Class-action and jury-trial waiver. YOU AND WE EACH AGREE TO BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL. The arbitrator may not combine more than one person's claims or award relief to anyone other than the individual party. If this waiver is found unenforceable for any claim or type of relief, that claim or relief must be decided by a court (after any individual arbitration is complete) and not in arbitration. Where public injunctive relief is available under applicable law and cannot be waived, a request for it will be decided by a court after arbitration of the individual claims.

24.5 Mass filings. If 25 or more similar demands are filed by or with the help of the same law firm or coordinated group, the AAA's Mass Arbitration Supplementary Rules apply, and the demands may be administered in batches. [Attorney: review current AAA rules and case law.]

24.6 Time limit. To the extent allowed by law, a Dispute must be brought within one year after it arises, or it is permanently barred.

24.7 30-day right to opt out. You may opt out of this arbitration agreement by sending a notice within 30 days after you first accept these Terms (for example, your first purchase) to [LEGAL NOTICE EMAIL] or [ADDRESS], stating your name, address, order number and that you opt out of arbitration. Opting out does not affect any other part of these Terms or any earlier arbitration agreement you made with us.

24.8 Changes. If we change this section, you may reject the change by notice within 30 days, and the previous version will continue to apply to you.

24.9 Severability. If any part of Section 24 (other than 24.4) is found unenforceable, the rest remains in effect.

25. Governing law and venue

These Terms are governed by the laws of the State of [STATE] and applicable U.S. federal law, without regard to conflict-of-laws rules. This does not take away consumer protections you have under the laws of the state where you live that cannot be waived by contract. For any Dispute not subject to arbitration, you and we agree to the courts located in [COUNTY], [STATE], or the federal court for that district, except that small-claims cases may be brought where you live.

26. Severability

If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permitted and the rest of the Terms will remain in effect.

27. Entire agreement and other terms

These Terms, together with the documents listed at the top, are the entire agreement between you and us about HomeButler and replace any earlier statements. If there is a conflict, the HomeButler Care Terms control for the support plan, and open-source licences control for their components. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to a successor business. Neither of us is liable for delays caused by events beyond reasonable control (for example, carrier delays, outages of third-party services, natural disasters). Headings are for convenience only.

28. Notices

We may send notices to the email address on your order. You must send legal notices to [LEGAL NOTICE EMAIL] and [ADDRESS].

29. Contact

[SELLER LEGAL NAME] [ADDRESS] Email: support@iramccune.com Phone: [SUPPORT PHONE]