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Terms & Conditions

Effective Date: March 24, 2026

These Terms & Conditions ("Terms") govern your use of the SmartHomes.us website and the smart home automation services provided by Creative Mind Companies LLC, doing business as SmartHomes.us ("SmartHomes," "we," "us," or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

1. Company Information

Creative Mind Companies LLC DBA SmartHomes.us
68-1122 N Kaniku Drive, #407
Kamuela, HI 96743
Email: support@smarthomes.us
Website: smarthomes.us

2. Services Description

SmartHomes provides professional smart home automation design, installation, integration, programming, and ongoing maintenance services for residential properties, including but not limited to:

  • Control4 home automation system design, installation, and programming
  • Whole-home audio and video distribution
  • Home theater design and installation
  • Lighting control and automated shade systems
  • Enterprise-grade networking and WiFi infrastructure
  • Security cameras, smart locks, and surveillance systems
  • Climate control integration
  • Remote monitoring, troubleshooting, and system maintenance
  • System upgrades, firmware updates, and equipment replacement

All services are subject to availability and geographic service area. We primarily serve the Big Island of Hawaii, including the Kohala Coast, Waikoloa, Kukio, Mauna Lani, and Mauna Kea Resort communities.

3. Service Agreements and Pricing

Specific service engagements are governed by individual service agreements, proposals, or work orders provided to you prior to commencement of work. Quotes and estimates are based on information available at the time and may be adjusted based on actual conditions encountered, additional work requested, or changes in scope. All pricing is subject to change without notice. Payment terms are as specified in your service agreement or invoice.

4. Scheduling and Appointments

All service appointments are subject to technician availability. We will make reasonable efforts to accommodate your preferred scheduling. We reserve the right to reschedule appointments with reasonable advance notice due to weather, emergencies, staffing, or other operational factors. Cancellations with less than 24 hours' notice may be subject to a cancellation fee as outlined in your service agreement.

5. Warranty Disclaimers

Equipment Warranties

Equipment and hardware installed by SmartHomes are covered by the manufacturer's warranty. SmartHomes is not the manufacturer of any equipment installed and does not provide separate equipment warranties unless explicitly stated in writing. We will assist with manufacturer warranty claims for equipment we have installed.

Labor Warranty

SmartHomes warrants its installation labor for a period of one (1) year from the date of installation completion. This labor warranty covers defects in workmanship and installation. It does not cover damage caused by power surges, lightning, water, physical damage, unauthorized modifications, or normal wear and tear.

Disclaimer of Implied Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTHOMES DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OUR SERVICES AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • SmartHomes shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the use of our services or website, including but not limited to loss of data, loss of revenue, property damage, or personal injury, regardless of the theory of liability.
  • Our total aggregate liability for any claims arising from or related to our services shall not exceed the total amount paid by you to SmartHomes for the specific service giving rise to the claim during the twelve (12) months preceding the claim.
  • SmartHomes is not liable for failures, malfunctions, or interruptions of third-party products, services, software, or platforms integrated into your smart home system, including but not limited to Control4, Araknis, SnapOne, WattBox, or any Internet service provider.
  • SmartHomes is not liable for damages resulting from power outages, Internet service interruptions, natural disasters, acts of God, or other events beyond our reasonable control.

7. SMS/Text Message Terms

By opting in to receive SMS/text messages from SmartHomes, you agree to the following terms in addition to our Privacy Policy:

  • You consent to receive service-related text messages at the mobile phone number you provide.
  • Message frequency may vary; you may receive up to 10 messages per day.
  • Message and data rates may apply. Contact your wireless carrier for details.
  • Consent to receive text messages is not a condition of purchasing any services.
  • You may opt out at any time by replying STOP to any message.
  • Reply HELP for assistance.
  • SmartHomes complies with the Telephone Consumer Protection Act (TCPA) and all applicable federal and state text messaging regulations.

8. Intellectual Property

All content on the SmartHomes.us website, including text, graphics, logos, images, photographs, and software, is the property of Creative Mind Companies LLC or its licensors and is protected by United States copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on this website without our prior written consent.

9. User Conduct

You agree to use our website and services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use our website or services in any way that violates applicable federal, state, or local laws
  • Attempt to gain unauthorized access to any portion of our website, systems, or networks
  • Interfere with or disrupt the website or servers and networks connected to it
  • Transmit any malicious code, viruses, or harmful software

10. Indemnification

You agree to indemnify, defend, and hold harmless Creative Mind Companies LLC, its officers, directors, employees, agents, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of our services, your violation of these Terms, or your violation of any rights of a third party.

11. Governing Law and Dispute Resolution

These Terms and any disputes arising from or related to them or our services shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in the State of Hawaii, County of Hawaii, and you consent to the personal jurisdiction of such courts.

12. Force Majeure

SmartHomes shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, pandemics, supply chain disruptions, government actions, power failures, Internet outages, acts of war or terrorism, or labor disputes.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy and any individual service agreements, constitute the entire agreement between you and SmartHomes regarding the use of our website and services, and supersede any prior agreements or communications.

15. Changes to These Terms

We reserve the right to update or modify these Terms at any time. When we make material changes, we will update the "Effective Date" at the top of this page. Your continued use of our website or services after any changes constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. Contact Information

If you have questions or concerns about these Terms, please contact us:

Creative Mind Companies LLC DBA SmartHomes.us
68-1122 N Kaniku Drive, #407
Kamuela, HI 96743
Email: support@smarthomes.us
Website: smarthomes.us