[ Legal ]
Terms of service
These Terms of Service (the “Terms” or “Agreement”) form a binding contract between Hi Hank Inc., a Delaware corporation (“Hank,” “we,” “us,” or “our”), and you. The Terms govern your access to and use of the Hank web, mobile, and API platform, including the Hank inspector module, homeowner portal, AI-generated reports and assistants, and all related software, content, features, and services we make available (collectively, the “Services”).
PLEASE READ THESE TERMS CAREFULLY. BY CHECKING THE BOX, CLICKING “I AGREE,” CREATING AN ACCOUNT, PAYING FOR SERVICES, ACCESSING A REPORT THROUGH THE HOMEOWNER PORTAL, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER IN SECTION 14. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICES.
How these Terms are organized. Part I sets out the general provisions that apply to all users. Parts II and III contain the role-specific provisions for, respectively, (i) home inspectors and inspection firms (“Inspectors”); and (ii) homeowners and prospective homeowners who receive, access, or pay for an inspection report through Hank (“Homeowners”). You are bound by Part I and by the role-specific Part(s) that apply to you.
PART I — GENERAL TERMS
1. Definitions
Capitalized terms used in these Terms have the meanings set forth below or in the section where they are first defined.
“Account” means a user account registered with Hank, including any Inspector Account, Homeowner Account, or Contractor Account.
“Aggregated Data” means data derived from User Content, Inspection Data, or use of the Services that has been de-identified, anonymized, aggregated, or otherwise modified so that it does not reasonably identify any individual person.
“Homeowner Account” means an Account opened by, or provisioned for, a Homeowner.
“Homeowner Subscription” means a recurring paid subscription providing access to the Hank AI assistant and other premium features of the homeowner portal, as further described in Part III.
"Homeowner View" means the version of the Report formatted and delivered to Homeowners through the homeowner portal.
“Inspection” means a home or property inspection performed by an Inspector using the Services.
“Inspection Data” means all data generated through an Inspection, including without limitation Inspection Media, voice notes, confirmed findings, structured fields, code citations, location and timestamp metadata, property characteristics, defect classifications, and Inspector observations.
“Inspection Media” means all photographs, videos, audio recordings, scans, and other visual or audio media captured by an Inspector using the Services or uploaded by an Inspector to the Services in connection with an Inspection.
“Inspector Account” means an Account opened by an Inspector or an Inspector firm.
"Inspector Report" means the version of the Report containing the Inspector's findings, conclusions, recommendations, and code citations.
“Inspector Subscription” means an Inspector’s paid subscription to the Services, as described in Part II.
“Report” means the inspection deliverable generated by the Services for an Inspection, including the Inspector Report and Homeowner View.
“Subscription” means an Inspector Subscription or a Homeowner Subscription, as the context requires.
“User Content” means all content, data, photographs, voice recordings, text, notes, descriptions, or other materials that you upload, generate, or transmit through the Services, excluding Inspection Data and Inspection Media to the extent separately addressed in these Terms.
“You” means the individual or entity accessing or using the Services.
2. Eligibility and Accounts
2.1 Eligibility
You must be at least 18 years old and have the legal capacity to enter into binding contracts. If you are accepting these Terms on behalf of an entity, you represent that you are authorized to bind that entity, in which case “you” refers to that entity. Inspectors must, at all times during use of the Services, hold and maintain all licenses, certifications, registrations, and insurance required by applicable law in the jurisdictions in which they perform Inspections.
2.2 Account Registration
To use most features of the Services, you must register an Account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your Account. You will notify Hank immediately of any unauthorized access or other suspected breach of security.
2.3 Acceptance by Role
Each user type accepts these Terms in the manner appropriate to that role:
- Inspectors accept through clickwrap acceptance at the time of Inspector Account creation.
- Homeowners accept through clickwrap acceptance at the time of Account creation, including the explicit consents in Section 27 (Part III).
3. The Services
3.1 Overview
Hank provides software that assists Inspectors in performing structured property inspections, generates Reports from Inspection Data using artificial intelligence and rules-based logic, and delivers Reports and follow-up assistance to Homeowners.
3.2 AI and Automated Outputs
Portions of the Services use artificial intelligence, machine learning, and large language models to identify objects in Inspection Media, suggest code citations, draft narrative language, score findings, value or summarize properties, and respond to Homeowner questions through the Hank AI assistant (collectively, “AI Features”). AI Features generate outputs based on probability and pattern recognition and may produce errors, omissions, hallucinations, or outdated information. AI Features are decision-support tools intended to be reviewed and confirmed by a licensed Inspector and are not a substitute for the professional judgment of the Inspector or any other licensed professional. Hank does not warrant the accuracy, completeness, or fitness for any particular purpose of any AI Feature output.
3.3 Modifications
Hank may add, modify, suspend, or discontinue any portion of the Services at any time, with or without notice. We will use commercially reasonable efforts to provide notice of material adverse changes that affect paying Inspectors during an active Subscription term.
4. User Content, Data Ownership, and AI Training
4.1 User Content Ownership
As between Hank and you, you retain ownership of your User Content. By submitting User Content, you grant Hank a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, transmit, display, modify (including for formatting and AI generation purposes), and otherwise use the User Content as necessary to provide and improve the Services.
4.2 Ownership of Data
You acknowledge and agree that Hank exclusively owns, and shall own, all right, title, and interest in and to: (a) all Aggregated Data; and (b) all derivative works, statistical analyses, benchmarks, indices, models, model weights, embeddings, prompts, fine-tuning datasets, evaluation sets, and other outputs derived from Aggregated Data, User Content, Inspection Data, or Inspection Media. To the extent any rights in such materials vest in you by operation of law, you hereby assign, and agree to assign, all such rights to Hank, and you waive any moral rights or similar rights in such materials.
You grant Hank a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use User Content, Inspection Data, and Inspection Media (in identifiable or de-identified form) to develop, train, fine-tune, evaluate, deploy, and improve artificial intelligence models, the Services, and other Hank products. Hank will use commercially reasonable efforts to de-identify or aggregate personal information prior to using it to train third-party models or to publish externally. The separate, broader irrevocable license granted by Inspectors with respect to Inspection Media is set forth in Section 24 (Part II).
Hank may de-identify, anonymize, or aggregate any data submitted to or generated through the Services and may use the resulting Aggregated Data for any lawful purpose, including product development, research, benchmarking, analytics, marketing, and commercialization. Once data has been de-identified or aggregated in a manner consistent with industry-standard de-identification practices, it is no longer subject to confidentiality obligations to you under these Terms and is Hank’s sole property.
4.5 Feedback
If you provide Hank with suggestions, ideas, enhancement requests, recommendations, or other feedback (“Feedback”), you hereby assign all right, title, and interest in such Feedback to Hank, and Hank may use Feedback for any purpose without obligation to you.
5. Acceptable Use
You agree not to, and not to permit any third party to: (a) reverse engineer, decompile, or attempt to derive source code of the Services, except to the extent applicable law expressly permits; (b) access the Services to build a competitive product or service, or copy any features, functions, or graphics of the Services; (c) interfere with or disrupt the integrity or performance of the Services; (d) use the Services to transmit unlawful, infringing, defamatory, harassing, or otherwise objectionable content; (e) use the Services to violate any law, including consumer-protection, anti-discrimination, fair-housing, telemarketing, or privacy laws; (f) attempt to gain unauthorized access to any portion of the Services or related systems; (g) use bots, scrapers, or automated tools to extract data from the Services other than through APIs we explicitly authorize; or (h) use AI Features in any way that contravenes our published usage policies or those of our underlying model providers.
6. Intellectual Property
6.1 Hank IP
The Services, including all software, content, taxonomies, code citations and code-to-finding mappings, AI prompts, model weights, embeddings, designs, user interfaces, documentation, Aggregated Data, and all related intellectual property, are owned by Hank or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, Hank reserves all rights.
6.2 Trademarks
“Hank,” “Hi Hank,” and the Hank logos are trademarks of Hank. You may not use these marks without our prior written consent.
6.3 DMCA
If you believe content on the Services infringes your copyright, please send a notice complying with 17 U.S.C. § 512(c) to our designated agent at the address listed in Section 17.
7. Privacy
Hank’s collection and use of personal information is described in our Privacy Policy, available at https://www.hihank.com/privacy (or such other URL as Hank may designate), which is incorporated by reference into these Terms. In the event of a conflict between these Terms and the Privacy Policy regarding the processing of personal information, the Privacy Policy controls for matters expressly covered by the Privacy Policy; otherwise these Terms control. Where Hank acts as a service provider or processor on behalf of an Inspector with respect to certain categories of personal information, the parties’ obligations are governed by a separate data-processing agreement, if any.
8. Third-Party Services and AI Providers
The Services may use third-party services, including AI model providers, payment processors, mapping providers, code-citation databases, and identity-verification services. By using the Services, you agree to comply with the terms of any third-party service provider to the extent applicable to your use. Hank is not responsible for the acts, omissions, or outputs of third-party providers, except as expressly set forth herein.
9. Disclaimers
THE SERVICES, INCLUDING ALL AI FEATURES AND REPORTS, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HANK AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HANK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT AI FEATURES WILL PRODUCE COMPLETE, ACCURATE, OR LEGALLY SUFFICIENT OUTPUTS. HANK IS NOT A HOME INSPECTOR, CONTRACTOR, LAWYER, APPRAISER, REAL ESTATE BROKER, OR INSURANCE PROVIDER, AND THE SERVICES DO NOT PROVIDE PROFESSIONAL ADVICE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HANK, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, OR COSTS OF SUBSTITUTE SERVICES; OR (C) DAMAGES ARISING FROM ANY ACT, OMISSION, OR PROFESSIONAL JUDGMENT OF AN INSPECTOR, EVEN IF HANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HANK’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE LESSER OF (A) THE FEES PAID BY YOU TO HANK IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE THOUSAND DOLLARS ($1,000.00). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
11. Indemnification
You will defend, indemnify, and hold harmless Hank and its affiliates, and their respective officers, directors, employees, agents, and licensors, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your User Content, Inspection Data, or Inspection Media, including any claim that any of the foregoing infringes the rights of a third party or violates law; (b) your acts or omissions in performing inspection services or in advising Homeowners; (c) your violation of these Terms; (d) your violation of applicable law, including state-specific inspection regulations, licensing rules, and consumer-protection laws; and (e) any dispute between you and any other user. Hank will promptly notify you of any claim subject to indemnification, allow you to control the defense (with counsel reasonably acceptable to Hank), and reasonably cooperate at your expense. Hank shall have the right, at its option, to participate in the defense of any claim with counsel of its own choosing, at your cost. You may not settle any claim without Hank’s prior written consent if the settlement requires any admission, payment, or action by Hank.
12. Term and Termination
12.1 Term
These Terms commence on your first acceptance of the Terms and continue until terminated as provided herein. Inspector Subscriptions follow the term provisions of Part II; Homeowner Subscriptions follow the term provisions of Part III.
12.2 Termination by You
You may close your Account at any time by following in-product instructions or by contacting Hank. Subscription cancellation is governed by the applicable role-specific terms (Part II for Inspectors; Part III for Homeowners).
12.3 Termination by Hank
Hank may suspend or terminate your access to the Services, or any Account, immediately upon notice if: (a) you materially breach these Terms; (b) you fail to pay fees when due; (c) Hank reasonably believes your use of the Services creates risk to Hank, the Services, or other users; (d) required by law, regulation, or court order; or (e) Hank ceases to offer the affected Service to similarly situated users.
12.4 Effect of Termination
Upon termination: (a) your right to access the Services ends, except that Homeowners retain perpetual report access as set forth in Section 29 (Part III); (b) Hank may delete your Account and User Content in accordance with its retention policies; (c) Hank retains all rights to Aggregated Data, Inspection Data already collected, Inspection Media licensed under Section 24 (which license is irrevocable and survives), and any AI training data already incorporated into models; and (d) Sections 1, 4, 5–11, 13–17, the Inspection Media license in Section 24, and any other provisions that by their nature should survive, will survive termination.
13. Changes to These Terms
Hank may modify these Terms from time to time. We will post the updated Terms with a new “Last Updated” date, and, for material changes, will provide reasonable notice (such as via email or in-product notification). Changes are effective on the date posted unless otherwise stated. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.
14. Binding Arbitration; Class Action and Jury Waivers
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.
14.1 Agreement to Arbitrate
You and Hank agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) will be resolved exclusively through final and binding arbitration, except as expressly carved out below. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this Section 14.
14.2 Arbitration Procedure
Arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable. The arbitration will be conducted in English by a single arbitrator. The seat of arbitration is Wilmington, Delaware, and the arbitrator may permit remote proceedings. The arbitrator has exclusive authority to resolve any Dispute, including the scope, enforceability, or formation of this arbitration agreement.
14.3 Class Action Waiver
YOU AND HANK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
14.4 Jury Trial Waiver
TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT NOTWITHSTANDING THIS SECTION 14, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHT TO A TRIAL BY JURY.
14.5 Carve-Outs
Notwithstanding the foregoing, either party may: (a) bring an individual action in small-claims court for Disputes within that court’s jurisdiction; (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information; and (c) enforce an arbitral award in any court of competent jurisdiction.
14.6 Opt-Out
You may opt out of this arbitration agreement by sending written notice of your decision to opt out, including your name and Account information, to legal@hihank.com within thirty (30) days after first accepting these Terms. Opting out does not affect any other provision of these Terms.
14.7 Severability
If any portion of this Section 14 is found unenforceable, that portion will be severed and the remainder will remain in effect; provided, however, that if the class action waiver in Section 14.3 is found unenforceable, then the entirety of this Section 14 will be null and void with respect to the affected claims, and those claims will proceed in the courts identified in Section 15.
15. Governing Law; Venue
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Subject to Section 14, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware (and the Delaware Court of Chancery for equitable claims under Section 14.5(b)) for any Dispute that proceeds in court.
16. Compliance
Each party shall comply with all applicable federal, state, and local laws, rules, and regulations in connection with its access to and use of the Services.
Inspectors acknowledge that state laws may impose specific report-content, retention, and disclosure requirements that override certain default behaviors of the Services. Inspectors are responsible for configuring the Services and reviewing AI Feature outputs to ensure compliance with their state’s requirements.
17. Miscellaneous
17.1 Entire Agreement
These Terms, together with the Privacy Policy and any order forms or written addenda executed by the parties, constitute the entire agreement between you and Hank regarding the Services and supersede all prior or contemporaneous agreements, communications, and proposals on this subject.
17.2 No Waiver
Failure by Hank to enforce any provision of these Terms is not a waiver of its right to do so later.
17.3 Severability
If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to reflect the parties’ intent to the maximum extent permitted by law.
17.4 Assignment
You may not assign or transfer these Terms without Hank’s prior written consent. Hank may assign these Terms freely, including in connection with a merger, acquisition, financing, or sale of assets. Any prohibited assignment is null and void.
17.5 Independent Contractors
Hank and you are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship.
17.6 Force Majeure
Neither party is liable for failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network outages, or labor disputes.
17.7 Electronic Communications
You consent to receive communications from Hank electronically and agree that electronic communications satisfy any legal requirement that such communications be in writing.
17.8 Headings; Construction
Headings are for convenience only and do not affect interpretation. The terms “include” and “including” mean “including without limitation.”
17.9 Notices to Hank
Notices to Hank, including DMCA notices under Section 6.3, may be sent to legal@hihank.com or to such other address as Hank designates from time to time.
17.10 Survival
The sections identified in Section 12.4(d), and any other provisions that by their nature should survive termination, will survive.
17.11 Attorneys' Fees
If Hank prevails in any action, suit, arbitration, or proceeding arising from or based upon these Terms, Hank shall be entitled to recover its reasonable attorneys' fees in connection therewith, in addition to court costs, arbitration fees, and other fees and disbursements incurred.
17.12 No Third-Party Beneficiaries
Except as otherwise expressly provided in these Terms, nothing in these Terms is intended to confer upon any third party any rights, remedies, obligations, or liabilities.
PART II — INSPECTOR-SPECIFIC TERMS
This Part II applies to Inspectors in addition to Part I.
18. Inspector as Reseller and Customer
Inspectors are both customers of Hank and resellers of the Homeowner-facing portions of the Services to their Homeowner clients. By providing a Report to a Homeowner through Hank, the Inspector acknowledges and agrees that: (a) Hank will offer the Homeowner an opt-in to these Terms (including the data disclosures in Section 27) at the time of first Report access, and the Inspector will not contractually impair, contradict, or attempt to override that Homeowner opt-in; and (b) the Inspector is responsible for providing the Homeowner’s contact information (including email address and, if applicable, phone number) to Hank for purposes of Report delivery, and the Inspector represents that it has authority to provide such information for those purposes.
19. Inspector Responsibilities
Inspectors are solely responsible for: (a) compliance with all federal, state, and local laws, regulations, and standards of practice applicable to home inspections, including without limitation state-specific inspection report regulations, licensing requirements, continuing education, agency disclosure rules, and reporting standards; (b) maintaining errors & omissions, general liability, and any other insurance required by law or industry custom; (c) the professional content of each Report, including all findings, conclusions, recommendations, and code citations the Inspector confirms or accepts; (d) review and confirmation of all AI Feature outputs prior to delivery; and (e) all contractual and professional obligations the Inspector owes to its Homeowner clients.
20. Subscription Term, Billing Cadence, and Auto-Renewal
Inspector Subscriptions are offered on a per-seat basis and may be billed either monthly or annually, at the Inspector’s election at sign-up. Annual Subscriptions are offered at a discount to the monthly rate and are paid in advance for the full annual term. Monthly Subscriptions are paid in advance for each month. Each Subscription automatically renews at the end of the then-current billing term (monthly or annual) at Hank’s then-current rates unless the Inspector cancels in accordance with Section 22. Access to inspection functionality requires that the Inspector’s per-seat Subscription fee for the current term has been paid in full.
21. Per-Area Usage Fees
In addition to per-seat Subscription fees, Inspectors are charged a per-area usage fee for each inspected area, as set forth on Hank’s then-current pricing page. Per-area usage fees accrue during the calendar month in which the Inspection is completed and are invoiced and charged after the end of that month. Skipped or inaccessible areas, as recorded in the Services, are not charged. Inspector authorizes Hank to charge the payment method on file for all accrued per-area usage fees on a monthly basis.
22. Cancellation
Inspector may cancel a monthly Subscription effective at the end of the then-current monthly billing cycle, and may cancel an annual Subscription effective at the end of the then-current annual term, in each case by providing notice through the Services or in writing to Hank at least thirty (30) days prior to the end of the then-current term (or, for monthly Subscriptions, prior to the next monthly billing date). ALL FEES PAID OR PAYABLE, INCLUDING PER-SEAT SUBSCRIPTION FEES AND ACCRUED PER-AREA USAGE FEES, ARE NON-REFUNDABLE, INCLUDING IN THE EVENT OF EARLY CANCELLATION, NON-USE, OR TERMINATION BY THE INSPECTOR. Hank may terminate an Inspector’s Subscription for cause as set forth in Section 12.3.
23. General Fee Terms
Inspectors agree to pay all fees published on the Hank pricing page or otherwise communicated by Hank in writing, including per-seat Subscription fees, per-area usage fees, subcontractor seat fees, and any taxes. Fees may be updated by Hank from time to time effective as of the next renewal term (for annual Subscriptions) or the next monthly billing cycle (for monthly Subscriptions), in each case upon reasonable notice. Unless otherwise stated, all amounts are in U.S. dollars. Late amounts accrue interest at the lesser of 1.5% per month or the maximum amount permitted by law.
24. Inspection Media
24.1 License Grant
Inspector hereby grants to Hank an irrevocable, perpetual, worldwide, fully paid-up, royalty-free, transferable, and sublicensable (through multiple tiers) right and license to access, host, store, use, reproduce, modify, adapt, create derivative works of, distribute, publicly perform, publicly display, and otherwise exploit, in any and all media now known or hereafter developed, all Inspection Media. Without limiting the foregoing, this license includes the right for Hank, its affiliates, and its sublicensees to use Inspection Media for any lawful purpose, including without limitation: (a) generating, displaying, and improving Reports; (b) training, fine-tuning, evaluating, and improving Hank’s and its providers’ artificial intelligence and machine learning models; (c) building, populating, marketing, and selling Hank products and services; (d) marketing and promotional purposes; and (e) research, analytics, and product development.
The license granted in Section 24 is irrevocable and survives any termination or expiration of these Terms. Inspector waives any moral rights in Inspection Media to the maximum extent permitted by applicable law.
24.2 Inspector Representations
Inspector represents and warrants that, with respect to all Inspection Media uploaded or generated through the Services: (a) Inspector owns the Inspection Media or has obtained all necessary rights, consents, releases, and permissions from any third party (including property owners, tenants, occupants, and any identifiable persons appearing in such media) required for the license granted in Section 24.1; (b) Hank’s exercise of the rights granted in Section 24.1 will not infringe the rights of any third party or violate any law; and (c) where any identifiable individual appears in Inspection Media, Inspector has obtained legally sufficient releases for the uses contemplated by Section 24.1, or such individual is incidental to the depiction of a property condition in a manner that does not require a release under applicable law.
PART III — HOMEOWNER-SPECIFIC TERMS
This Part III applies to Homeowners in addition to Part I. Following an Inspection, Hank will send Homeowner a notification (via email or text message, using contact information provided by the Inspector) containing a link to access the Report. To view the Report through the homeowner portal, Homeowner must create a Hank Account and accept these Terms, including the consents in Section 27. Homeowners who do not wish to create a Hank Account may request that their Inspector deliver the Report outside of the Hank platform, in which case this Part III does not apply to that Homeowner.
25. Use of the Homeowner Portal
The Homeowner portal allows Homeowners to view their Report, share their Report with realtors and Contractors, and request quotes through the Marketplace. Everything provided is informational only, is not professional advice, and should not be relied upon for safety-critical decisions without consulting a licensed professional.
26. No Inspector-Client Relationship with Hank
Hank is a software platform. The inspector-client relationship runs between the Homeowner and the Inspector, not between the Homeowner and Hank. Hank is not a licensed home inspector, is not a party to any inspection contract between Inspector and Homeowner, and does not provide home inspection services, legal advice, real estate advice, or appraisal services.
27. Opt-In to Disclosure of Property Information
In addition to accepting these Terms generally, Homeowner is presented with an explicit, checkbox-style consent at the time of first Report access, and by checking that box (or by otherwise affirmatively accepting these Terms at first Report access), Homeowner expressly consents to the following:
De-Identified and Aggregated Data. Hank may de-identify or aggregate any data relating to Homeowner or the property and use, license, or otherwise commercialize the resulting Aggregated Data without further consent or compensation to Homeowner.
Communications and Text Message Consent. By creating a Hank Account, Homeowner consents to receive transactional communications from Hank via email, SMS text message, or in-app notification relating to the Report, billing, Account activity, and the Services. Standard message and data rates may apply to SMS communications. Homeowner may also opt in to receive marketing communications from Hank and, with Homeowner’s separate permission, from selected service providers regarding recommended remediation work, follow-up scheduling, and related services. Homeowner may opt out of marketing communications at any time by following the unsubscribe instructions in each message or by updating communication preferences in Account settings. Opting out of marketing communications does not affect transactional messages.
Homeowner may withdraw consent to certain optional uses (such as marketing communications) by following the unsubscribe instructions in each communication or by contacting Hank as set forth in Section 17.9. Withdrawal of consent does not affect (i) the lawfulness of processing carried out prior to withdrawal or (ii) Hank’s rights in Aggregated Data already generated.
28. Payment for Inspections and Refunds
Inspection fees are set by and collected by the Inspector outside of the Hank platform. Hank does not collect, process, or facilitate payment of inspection fees. The contractual relationship for the inspection, including all payment obligations, is between the Homeowner and the Inspector.
29. Homeowner Subscription and Free Trial
Hank may offer Homeowners an optional paid Homeowner Subscription that unlocks full platform access, including the Hank AI assistant, advanced Report tools, and other premium features. Each new Homeowner Account includes a complimentary trial period of ninety (90) days beginning on the date of Account creation (the “Homeowner Trial”). AT THE END OF THE HOMEOWNER TRIAL, THE HOMEOWNER’S ACCOUNT WILL AUTOMATICALLY CONVERT TO A PAID HOMEOWNER SUBSCRIPTION AT HANK’S THEN-CURRENT RATES, AND HOMEOWNER’S PAYMENT METHOD ON FILE WILL BE CHARGED, UNLESS THE HOMEOWNER CANCELS BEFORE THE HOMEOWNER TRIAL ENDS. The current Homeowner Subscription price is displayed at the time of Account creation and on Hank’s pricing page. Hank will send a reminder notice at least seven (7) days before the first charge following the Homeowner Trial. Homeowner Subscriptions are billed in advance, automatically renew at the end of each billing cycle, and may be cancelled at any time through the Account settings in the homeowner portal, effective at the end of the then-current billing cycle. ALL HOMEOWNER SUBSCRIPTION FEES ARE NON-REFUNDABLE. Cancellation or non-payment of a Homeowner Subscription does not affect the Homeowner’s perpetual right to access the Homeowner’s own Report under this Section.