Terms of Use

These Terms of Use ("Terms") govern your use of the Nicholson home app — the private digital owner's manual that Nicholson LLC ("Nicholson Hawaii," "we," "us") provides for a specific completed home, whether you use it in a browser at app.nicholsonhawaii.com or as the installed app from the Apple App Store or Google Play (together, the "App"). By signing in or using the App you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.

1. Who may use the App

The App is invitation-only. Access is granted by the home's owner (or by Nicholson on the owner's behalf) to specific people, each with a role: Owner, Property Manager, Guest, or Nicholson staff. You may use the App only for the home(s) you have been given access to and only within your role. You must be at least 18, or use the App under the supervision of the owner or an adult member.

2. Your account and access

• You sign in with your email address (by one-time code, or by password where one has been issued). Keep your email account and any password secure; you are responsible for activity under your access.
• Do not share your sign-in with others. If someone else needs access, ask the owner or Nicholson to invite them with the right role.
• Owners and property managers may grant, limit, or revoke other members' access, including whether guests can see the Wi-Fi password. Nicholson may suspend access to protect the security or integrity of the App or the home's information.

3. License

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to use the App for the private, non-commercial purpose of understanding, maintaining, and managing the home you have access to. Property managers may use the App in the ordinary course of managing that home for its owner.

4. Home content and your contributions

Home content. The App contains product specifications, documents, images, floor plans, finish schedules, contacts, and other information about a private residence, along with content prepared by Nicholson. This information is confidential to the home's owner and authorized members. Do not copy, publish, or distribute it outside the home's members except as the owner permits or as needed to maintain the home (for example, sharing a product page with a repair technician).

Your contributions. Members with the appropriate role may add or edit content — item details, photos, documents, finish information, notes, reports, and change requests. You keep whatever rights you have in content you add. You grant Nicholson and the home's members a license to store, display, and use it within the App for the purpose of maintaining the home's manual. You confirm you have the right to add what you add, and that it does not infringe anyone's rights or contain unlawful, harmful, or offensive material.

Property manager requests. Changes proposed by a property manager take effect only when approved by the owner or Nicholson. Approvals, rejections, and their notes are recorded in the App.

Removal and restoration. Owners and Nicholson can remove items or rooms from the manual and restore them later; removed content is retained as described in the Privacy Policy.

Nicholson materials. The App's design, code, branding, and the materials Nicholson prepares (including the handover binder) belong to Nicholson Hawaii or its licensors. Manufacturer documents and images belong to their respective owners and are provided for the owner's reference.

5. Acceptable use

Do not: use the App for any home you are not authorized to access; attempt to bypass access controls or probe the service; upload malware or content that infringes rights or is unlawful; use the App to harass anyone; scrape or bulk-export data other than through features we provide; or resell or commercialize the App or its content.

6. AI product scan and other features

The Scan feature uses an AI service to suggest which product in your home a photo shows. Suggestions may be incomplete or wrong. Verify before relying on them, particularly for repairs, orders, or safety-related steps. Photos are used only to make the suggestion and are not stored — see the Privacy Policy. Search results, live edits, and maintenance reminders are conveniences and may lag or contain errors.

7. Information is for reference — not professional advice

Product details, documents, care schedules, and finish information are provided for the owner's convenience and reflect the project record at the time of handover, plus later edits by members. They are not a substitute for manufacturer instructions, professional inspection, or licensed trades. Always follow the manufacturer's official documentation and applicable codes for installation, operation, maintenance, and safety, and use qualified professionals where required. Product availability, specifications, and warranties may change after project completion, and Nicholson is not responsible for third-party changes. Emergency-shutoff and Wi-Fi information is entered by members; confirm it on site.

8. Third-party services and links

The App relies on service providers (hosting, authentication and storage, AI processing, email delivery) and links to third-party sites such as manufacturer pages and web search. We are not responsible for third-party sites or services; their terms and privacy practices apply to them. If you install the App from an app store, that store's terms also apply, and the store is not responsible for the App or its content.

9. Privacy

Our Privacy Policy explains what information the App handles and how. By using the App you consent to that processing.

10. Changes, suspension, and termination

We may change, add, or remove features, and may update these Terms; the current version is posted here with its effective date, and continued use after a change means you accept it. Your access ends when the owner or Nicholson revokes it, when the home is closed out of the App, or if you breach these Terms. Sections 4, 7, 11, 12, and 13 survive termination.

11. Disclaimer of warranties

The App and its content are provided "as is" and "as available." To the fullest extent permitted by law, Nicholson Hawaii disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement, and does not warrant that the App will be uninterrupted, error-free, or secure. Nothing in these Terms limits any warranty Nicholson gave you under your construction contract; that contract governs the home itself.

12. Limitation of liability

To the fullest extent permitted by law, Nicholson Hawaii and its members, managers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of data, profits, or use, arising out of or related to the App or its content, even if advised of the possibility. Our total liability for any claim relating to the App will not exceed one hundred U.S. dollars (US $100). Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

13. Governing law and disputes

These Terms are governed by the laws of the State of Hawaiʻi, without regard to conflict-of-law rules. Any dispute relating to the App will be brought in the state or federal courts located in Hawaiʻi, and you consent to their jurisdiction. Where you have a construction contract with Nicholson, its dispute-resolution provisions control for matters within its scope.

14. General

These Terms and the Privacy Policy are the entire agreement between you and Nicholson regarding the App. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a business transfer.

15. Contact

Nicholson LLC (Nicholson Hawaii)
PO Box 5500, Kailua-Kona, HI 96745
Phone: 808-896-9748
Email: privacy@nicholsonhawaii.com
Web: nicholsonhawaii.com

See also our Privacy Policy.