Terms of Use
Last updated: January 28, 2025
Last updated: January 28, 2025
These Terms of Use ("Terms") govern your access to and use of the Themelios Co. website located at themelios.io (the "Website") and any related services provided by Themelios Co. ("Company," "we," "our," or "us").
By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website.
Themelios Co. provides information about our home building services (Foundation Homes), investment opportunities (Foundation Capital), and homeowner management tools (Themelios Homeowner OS). Our Website serves as an informational resource and a means for potential clients to contact us about our services.
The information provided on this Website is for general informational purposes only and does not constitute a binding offer, contract, or agreement for services. All home building projects and investment arrangements are subject to separate written agreements.
You agree to use our Website only for lawful purposes and in accordance with these Terms. You agree not to:
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement thereof) are owned by Themelios Co., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent, except for:
When you submit information through our contact forms, chat features, or other interactive areas of the Website, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and display such submissions solely for the purpose of responding to your inquiries and providing our services.
You represent and warrant that you own or control all rights to any content you submit, and that such content does not violate these Terms or any applicable law.
All pricing, cost estimates, and financial projections displayed on our Website are for informational purposes only and are subject to change without notice. Actual costs for home construction projects depend on numerous factors including lot selection, market conditions, material costs, and individual specifications.
Any financial projections, including estimated home values, rental income, or investment returns, are illustrative examples only and do not guarantee actual results. Past performance is not indicative of future results. We strongly recommend consulting with qualified financial, tax, and legal professionals before making any real estate or investment decisions.
Themelios Co. operates as a platform that connects clients with independent service providers, including but not limited to builders, contractors, realtors, and lenders ("Partners"). All Partners in the Themelios network are independent contractors. They are not employees, agents, or representatives of Themelios Co.
Each Partner maintains full control over their own business operations, methods, schedules, and client relationships. Partners are solely responsible for their own licensing, insurance, bonding, work quality, warranties, and compliance with all applicable federal, state, and local laws and regulations.
Themelios Co. does not construct homes, provide financing, or perform real estate services. We facilitate connections between clients and qualified independent professionals. We do not guarantee, warranty, or assume liability for the work, services, products, or representations of any Partner. Any agreements for construction, financing, or real estate services are between the client and the respective independent Partner.
All construction work is performed by independent, licensed builders who are not employees or agents of Themelios Co. These independent builders are solely responsible for:
Themelios Co. does not act as a general contractor, construction manager, or building inspector. We do not supervise, direct, or control construction work. Our role is limited to coordination, communication, documentation, scheduling assistance, and providing platform tools. While we may provide standards, checklists, or documentation templates, we do not direct or control how construction work is performed.
Themelios Co. may provide draw processing services as part of our platform coordination. In this role, we act as a verification layer to help confirm that construction work has been completed to the agreed-upon standards before recommending disbursement of funds.
Important: Funds do not flow through Themelios Co. We do not hold, escrow, or disburse construction funds. All funds are disbursed directly by the lender or funding source to the appropriate parties. Our role is limited to verification and documentation to support the draw process.
Our verification is based on documentation, photos, and reports provided by the builder and site visits where applicable. However, we are not licensed inspectors and our verification does not replace required building inspections, code compliance reviews, or professional engineering assessments. Final approval of all draws remains with the lender or funding source.
Customers may choose any lender or title provider. Themelios Co. does not require the use of any specific lender, title company, or financial institution. While we may provide information about lenders in our network or coordinate with lenders on your behalf, you are free to select any qualified lender of your choice. We receive no compensation for lender referrals that would affect your loan terms.
Themelios Co. makes no guarantees regarding:
All pricing, timelines, and projections provided through our platform are estimates only and are subject to change. Actual results may vary significantly based on market conditions, site conditions, material costs, labor availability, permitting requirements, and other factors beyond our control.
Themelios Co. is not a licensed real estate brokerage. We provide home building coordination and project management services through our platform. Any real estate transactions, including the purchase of land or completed homes, will be facilitated through appropriately licensed, independent real estate professionals.
Information about financing options, including references to loan programs, is provided for general informational purposes only. Themelios Co. is not a lender and does not provide mortgage or financing services. All financing is subject to credit approval and other requirements determined by independent, third-party lenders.
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THEMELIOS CO., ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to defend, indemnify, and hold harmless Themelios Co., its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.
Our Website may contain links to third-party websites or services that are not owned or controlled by Themelios Co. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.
These Terms shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Benton County, Arkansas, for the resolution of any disputes arising out of or relating to these Terms or your use of the Website.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Website.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.
These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and Themelios Co. regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
If you have any questions about these Terms of Use, please contact us at: