Subscription Agreement

AMERICAN PROPERTY & HOME SERVICES SUBSCRIPTION AGREEMENT

This Subscription Agreement (“Agreement”) is entered into by and between American Property & Home Services, LLC (“APHS,” “we,” “us,” or “our”) and the individual or entity accepting this Agreement (“Subscriber,” “you,” or “your”). By clicking “I Agree,” checking the acceptance box, or otherwise electronically manifesting assent to this Agreement through the APHS website, you acknowledge that you have read, understand, and agree to be bound by all of the terms and conditions set forth herein.

IMPORTANT NOTICE: APHS IS NOT A HOME WARRANTY OR INSURANCE COMPANY. THIS SUBSCRIPTION AGREEMENT PROVIDES PREVENTATIVE DIAGNOSTICS, INSPECTIONS, PRIORITY ACCESS TO SERVICE PROFESSIONALS, AND LIMITED REPAIR COVERAGE FOR SPECIFIED MAJOR MECHANICAL BREAKDOWNS (“COVERED MAJOR EVENTS”) AS DESCRIBED IN THIS AGREEMENT. COVERAGE FOR COVERED MAJOR EVENTS IS SUBJECT TO ELIGIBILITY REQUIREMENTS, A BASELINE INSPECTION, A WAITING PERIOD, CLAIM LIMITS, COVERAGE CAPS, AND EXCLUSIONS AS SET FORTH HEREIN. THERE ARE NO DEDUCTIBLES UNDER THIS AGREEMENT.

ARBITRATION NOTICE: IF YOU DO NOT OPT OUT OF ARBITRATION AS OUTLINED IN SECTION 17 OF THIS AGREEMENT, YOU CONSENT TO RESOLVING DISPUTES BETWEEN YOU AND APHS THROUGH BINDING, INDIVIDUAL ARBITRATION. BY AGREEING TO THIS, YOU RELINQUISH YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER DETAILED IN SECTION 17.

DEFINITIONS

As used in this Agreement, the following terms have the meanings set forth below:

• “Additional Work” means any work that falls outside the scope of the Subscription Services, including but not limited to repairs not qualifying as Covered Major Events, work excluded under Section 4 or Section 5, and code-compliance work unrelated to a Covered Major Event, as further described in Section 7.
• “Covered Major Event” means a sudden, unexpected mechanical breakdown or failure of an existing plumbing, HVAC, or electrical system or component, as defined in Section 4.
• “Effective Date” means the date on which Subscriber clicks “I Agree” or otherwise electronically accepts this Agreement.
• “Billing Cycle” means each successive one-month period during which this Agreement is in effect, beginning on the Effective Date.
• “Property” means the residential property enrolled under this Agreement, as identified by Subscriber at enrollment.
• “Subscription Fee” means the monthly subscription fee for the Subscription Services, as calculated in accordance with Section 9.
• “Subscription Services” means the preventative diagnostics, inspections, minor adjustments, reporting, Covered Major Events, and other services described in Sections 2 and 3 of this Agreement.

1. ELIGIBILITY AND SERVICE AREA

This Agreement is available only to residential property owners with properties located in the states of Missouri or Kansas. By subscribing, you represent and warrant that the property enrolled under this Agreement (the “Property”) is located in Missouri or Kansas and that you are the legal owner of the Property or are otherwise authorized to enter into this Agreement on behalf of the Property owner.

APHS reserves the right to verify Property eligibility, including Property location, square footage, and age, prior to or following enrollment. APHS may cancel this Agreement if the Property does not meet eligibility requirements.

Subscriber must be at least eighteen (18) years of age and have the legal capacity to enter into binding contracts. By subscribing, you represent and warrant that you are at least eighteen (18) years of age.

2. SUBSCRIPTION SERVICES

2.1 Service Activation and Initial Home Systems Analysis

Service is activated thirty (30) days after the Effective Date of this Agreement, except that Covered Major Event claims cannot be filed until ninety (90) days after enrollment. After service activation, APHS will schedule an initial Home Systems Analysis performed by a qualified technician. The Home Systems Analysis visit may include mechanical diagnostics; system inspection; performance testing; visual inspection of plumbing, HVAC, and electrical systems; and property condition documentation. Following the Home Systems Analysis, Subscriber will receive a Home Systems Health Report summarizing the condition of the home systems. The Home Systems Analysis is included in the Subscription Fee and does not require separate payment. If Subscriber cancels and later re-enrolls, Subscriber must restart the thirty (30)-day service activation period.

2.2 Scope of Services

Subject to the terms of this Agreement and Subscriber’s timely payment of all Subscription Fees (defined below), APHS will provide the following services with respect to the Property (collectively, the “Subscription Services”):

1. Preventative Check-Ins. Depending on coverage tier selected, two (2) to four (4) scheduled preventative check-in visits per year covering the Property’s plumbing, HVAC, and electrical systems. Preventative visits are light, non-invasive, and focused on diagnostics and documentation. They are designed to identify early-stage issues, reduce emergency failures, and control long-term service costs.
2. Diagnostics. Visual and non-invasive diagnostic evaluation of the Property’s plumbing, HVAC, and electrical systems, as more fully described in Section 3.
3. Expanded Non-Invasive Inspections and Reporting. Inspection of accessible and visible components of covered systems, with written reporting provided to Subscriber following each visit.
4. Priority Scheduling. Subscriber will receive priority scheduling for service visits over non-subscriber customers, subject to technician availability.
5. Centralized Dispatch. APHS will coordinate all scheduling and dispatch of service professionals through its centralized scheduling system.
6. Written Home Health Summaries. Following each quarterly visit, APHS will provide Subscriber with a written summary of findings, observations, and recommendations for the Property’s plumbing, HVAC, and electrical systems.
7. Discounted Labor on Approved Repairs. Subscriber will receive discounted labor rates on repair work that is recommended by APHS, approved by Subscriber, and performed by APHS or its authorized service professionals, as further described in Section 7.
8. Covered Major Event Repair. This coverage is subject to eligibility requirements, a baseline inspection, a ninety (90)-day waiting period, claim limitations, coverage caps, and exclusions as set forth in Section 4. No deductibles apply. “Covered Major Event” means a sudden, unexpected mechanical breakdown or failure of an existing plumbing, HVAC, or electrical system or component that: (a) was operational and in good working condition at the time of the baseline inspection and approved by APHS for coverage; (b) is listed as a Covered Major Event in Sections 3.1 (Plumbing), 3.2 (HVAC), or 3.3 (Electrical) for a trade selected by Subscriber; (c) occurs after the expiration of the ninety (90)-day waiting period; (d) is not excluded under Section 4.9 or Section 5; and (e) is not the result of pre-existing conditions, owner negligence, deferred maintenance, acts of God, or other excluded causes. Covered Major Events do not include routine repairs, preventative maintenance, cosmetic issues, or gradual wear and tear.
9. Minor Adjustments. As part of each quarterly preventative check-in, APHS technicians may perform minor, labor-only adjustments to the Property’s covered systems as described in Section 3. Minor adjustments are included in the Subscription Fee and do not require separate authorization or payment, provided they fall within the scope described in Section 3.

3. TRADE-SPECIFIC COVERAGE

The following describes the specific diagnostic, inspection, minor adjustment, reporting, and Covered Major Event services included under this Agreement for each covered trade. APHS inspectors and technicians do not perform licensed trade repairs. All findings, observations, and recommendations provided under this Agreement are diagnostic and informational only.

3.1 Plumbing Coverage

Diagnostics and Performance

• Visual diagnostics and non-destructive leak identification
• Static and basic dynamic water pressure testing
• Drain flow assessment (non-camera)
• Fixture performance testing
• Corrosion and material degradation identification

Preventative Inspections

• Inspection of exposed supply and drain lines
• Shut-off valves and traps
• Hose bibs and exterior faucets
• Sump pump visual inspection (if accessible)
• Water heater exterior and connection inspection

Minor Adjustments (Labor Only)

• Tightening loose fittings
• Toilet flush and fill adjustments
• Faucet handle adjustments
• Disposal reset (non-jammed units only)
• Aerator cleaning (accessible aerators only)

Reporting and Education

• Usage recommendations
• Early warning indicators
• Written plumbing health summary

Covered Major Events — Plumbing

• Main water service line failure
• Sewer line collapse or root intrusion requiring excavation
• Slab leak (pressurized line beneath foundation)
• Catastrophic supply line rupture
• Drain stack failure within walls
• Sudden failure of pressure regulator valve (PRV)
• Water heater tank rupture (excluding failures caused by corrosion neglect)
• Tankless water heater internal heat exchanger failure
• Sump pump mechanical motor failure
• Sewage ejector pump mechanical failure
• Burst manifold or PEX distribution failure
• Sudden failure of shut-off valve causing loss of service

3.2 HVAC Coverage

Diagnostics and Performance

• Heating and cooling diagnostics
• Temperature differential testing
• Airflow assessment
• Thermostat functionality and calibration check
• Noise, vibration, and airflow irregularity identification

Preventative Inspections

• Furnace and air handler visual inspection
• Condenser inspection
• Electrical connections (non-live)
• Drain pan and condensate line visual check
• Filter condition check (filter replacement is excluded)
• Seasonal startup and shutdown verification

Minor Adjustments (Labor Only)

• Thermostat optimization
• System reset (one reset per visit)
• Clearing visible debris from accessible components
• Adjusting accessible registers

Efficiency and Comfort

• Hot and cold zone identification
• Usage optimization guidance
• Written HVAC performance summary

Covered Major Events — HVAC

• Compressor failure
• Heat exchanger crack or failure
• Evaporator coil failure
• Condenser coil failure
• Blower motor catastrophic failure
• Control board mechanical failure
• Refrigerant leak from system component failure
• Furnace ignition system failure
• Gas valve mechanical failure
• Reversing valve failure (heat pump)
• Air handler motor burnout
• Complete system mechanical breakdown requiring replacement

3.3 Electrical Coverage

Diagnostics and Safety

• Electrical diagnostics
• Breaker, outlet, switch, and fixture inspection
• Overloaded or imbalanced circuit identification (diagnostic only)
• Exposed wiring hazard identification

Preventative Inspections

• Panel exterior inspection
• Breaker condition review (no panel cover removal)
• Grounding and bonding inspection (visible components only)
• GFCI and AFCI testing (accessible units only)
• Visual overheating indicators
• Smoke and carbon monoxide detector presence check

Minor Adjustments (Labor Only)

• Breaker and GFCI resets
• Securing faceplates and fixtures
• Basic breaker labeling

Reporting

• Electrical safety summary and upgrade planning recommendations

Covered Major Events — Electrical

• Main breaker panel failure
• Bus bar burnout or internal arcing damage
• Main service disconnect failure
• Interior breaker mechanical failure causing panel instability
• Electrical meter base mechanical failure
• Overheated service conductor failure
• Major branch circuit failure within walls
• Aluminum wiring termination failure (mechanical breakdown)
• Electrical fire caused by internal system malfunction
• Grounding system mechanical failure
• Surge protector internal catastrophic failure

4. COVERED MAJOR EVENTS

4.1 Eligibility for Covered Major Event Coverage

To receive coverage for Covered Major Events, Subscriber must: (a) be an active subscriber in good standing with no outstanding balance; (b) complete a baseline inspection of the Property’s systems; (c) satisfy a ninety (90)-day waiting period following the baseline inspection before Covered Major Event coverage becomes effective; and (d) maintain continuous active subscription membership.

If Subscriber’s subscription lapses or is terminated for any reason, Covered Major Event coverage will terminate immediately. Upon re-enrollment after cancellation, Subscriber must restart the thirty (30)-day service activation period, complete a new baseline inspection, and satisfy a new ninety (90)-day waiting period before Covered Major Event coverage is reinstated.

4.2 Claim Limitations

Covered Major Event coverage is limited to one (1) Covered Major Event claim per trade per twelve (12)-month period. The twelve (12)-month period begins on the date Covered Major Event coverage becomes effective (after the ninety (90)-day waiting period) and resets annually on that anniversary date. If Subscriber submits more than one claim for a trade within a twelve (12)-month period, subsequent claims for that trade will be treated as Additional Work and priced in accordance with Section 7.

4.3 Claims Process

To submit a claim for a Covered Major Event, Subscriber must contact APHS through the methods provided on the APHS website or in Subscriber’s account. APHS will dispatch a qualified service professional to assess the claim. If the claim is approved, APHS will coordinate the repair in accordance with the coverage limits of Subscriber’s applicable tier. APHS reserves the right to deny claims that do not meet the requirements of this Section 4 or that fall within the exclusions set forth in Section 4.9 or Section 5.

Subscriber must submit any claim for a Covered Major Event within thirty (30) days of discovering the event or condition giving rise to the claim. Failure to submit a claim within this period may result in denial of the claim. APHS reserves the right to waive this deadline in its sole discretion for good cause shown.

4.4 Baseline Inspection

The baseline inspection is required for Covered Major Event coverage and serves as documentation of system condition at the time of enrollment. The purpose of the baseline inspection is to: (a) identify pre-existing conditions; (b) establish baseline system condition; and (c) document system health for future claim validation.

The baseline inspection is not a barrier to coverage eligibility, but it serves as the reference point for determining what constitutes a pre-existing condition. If pre-existing issues are discovered during the baseline inspection, those specific issues and any subsequent failures directly related to those pre-existing conditions will not qualify for Covered Major Event coverage. However, APHS may still provide service or repairs for such pre-existing issues to active members at Cost + 10% pricing as described in Section 7.2.

4.5 Certification of Claims

By submitting a claim for a Covered Major Event, Subscriber certifies that: (a) the information provided in support of the claim is true, accurate, and complete; (b) the claimed event is a Covered Major Event as defined in this Agreement; (c) the claimed event is not excluded under Section 4.9 or Section 5; and (d) Subscriber has not caused, contributed to, or failed to mitigate the claimed event through negligence, misuse, or failure to maintain the system.

Subscriber acknowledges that submitting a false or fraudulent claim is grounds for immediate termination of this Agreement and forfeiture of all fees paid, and may be reported to appropriate authorities.

4.6 Coverage Tiers and Caps

Covered Major Event coverage is provided in tiers based on Property age and square footage, with applicable coverage caps. No deductibles apply to any tier. The specific tier, per-trade annual caps, per-trade lifetime caps, and combined annual per-home caps applicable to Subscriber’s Property will be determined based on the Property’s square footage and age as set forth in the Subscription Fee calculation in Section 9. Coverage is subject to the annual and lifetime caps applicable to Subscriber’s tier.

4.7 Subrogation

If APHS pays for a Covered Major Event that was caused in whole or in part by the act, omission, or negligence of a third party (including but not limited to equipment manufacturers, prior service providers, or contractors), Subscriber agrees to assign to APHS, to the extent of APHS’s payment, any rights Subscriber may have to recover damages from such third party. Subscriber agrees to cooperate with APHS in pursuing any such recovery, including providing documentation, testimony, and other assistance as reasonably requested. Any recovery obtained shall first be applied to reimburse APHS for amounts paid, with any excess returned to Subscriber. Subscriber agrees not to release, waive, or settle any claims against a third party that may be subject to subrogation without APHS’s prior written consent.

4.8 Right to Inspect and Verify

APHS reserves the right to:

1. Inspect the affected system or component before authorizing any repairs;
2. Require Subscriber to provide documentation supporting the claim, including photographs, receipts, maintenance records, and other relevant information;
3. Obtain a second opinion from an independent service professional regarding the cause, scope, or cost of the claimed event; and
4. Select the repair contractor and determine the method of repair.

Subscriber agrees to cooperate fully with any inspection or verification process. Failure to cooperate may result in denial of the claim.

4.9 Exclusions from Covered Major Event Coverage

The following are expressly excluded from Covered Major Event coverage:

1. Pre-existing conditions identified or reasonably discoverable at the time of the baseline inspection, and any subsequent failures directly caused by or related to such pre-existing conditions;
2. Cosmetic upgrades or repairs made for aesthetic purposes only;
3. Remodel work or modifications to existing systems;
4. Whole-home repipe or rewire upgrades;
5. Code upgrades unrelated to the mechanical failure being repaired;
6. Acts of God, including but not limited to storms, floods, earthquakes, lightning, or other natural events beyond human control;
7. Damage caused by owner negligence, misuse, or abuse of systems;
8. Deferred maintenance or failure to maintain systems in accordance with manufacturer recommendations; and
9. Routine repairs, preventative maintenance, cosmetic issues, or gradual wear and tear.

4.10 Service Response

APHS will use commercially reasonable efforts to acknowledge receipt of a Covered Major Event claim within two (2) business days and to dispatch a qualified service professional to assess the claim within five (5) business days of acknowledgment. Response times may be extended due to circumstances beyond APHS’s reasonable control, including but not limited to high claim volume, natural disasters, pandemics, supply chain disruptions, or limited technician availability in Subscriber’s area. APHS does not guarantee specific response times and shall not be liable for any delays in responding to or resolving claims.

5. EXCLUSIONS

5.1 Services Not Included

With the exception of qualified Covered Major Events, the following are expressly excluded from the Subscription Services and are not covered under this Agreement:

1. Repairs of any kind, whether to covered systems or otherwise.
2. Parts, materials, or supplies.
3. Replacement of any equipment, component, fixture, or system.
4. Upgrades, modifications, or improvements to any system.
5. Emergency service or after-hours service.
6. Repeat visits for previously identified but unresolved issues, unless such visits fall within a regularly scheduled quarterly check-in.
7. Invasive, destructive, or concealed-access work of any kind, including but not limited to cutting into walls, ceilings, floors, or other structural elements.
8. Service to any system or component not expressly identified in Section 3.
9. Service to commercial properties or properties located outside of Missouri or Kansas.

5.2 Disclaimer

Subscriber acknowledges and agrees that the Subscription Services are limited to diagnostics, preventative inspections, minor labor-only adjustments, reporting, and qualified Covered Major Events as described in this Agreement. APHS does not guarantee the prevention of system failures, and the Subscription Services do not constitute a warranty, guarantee, or insurance policy of any kind. APHS inspectors and technicians do not perform licensed trade repairs. All findings, observations, and recommendations provided under this Agreement are diagnostic and informational only.

6. SUBSCRIBER OBLIGATIONS

6.1 General Obligations

Subscriber agrees to:

1. Provide accurate and complete information about the Property at enrollment and promptly notify APHS of any changes;
2. Maintain all systems covered under this Agreement in accordance with manufacturer recommendations and industry standards;
3. Promptly notify APHS of any system issues, malfunctions, or potential claims;
4. Not perform or permit any unauthorized repairs, modifications, or alterations to covered systems between inspections without prior notice to APHS;
5. Comply with all applicable laws, regulations, and codes relating to the Property and its systems; and
6. Cooperate with APHS and its service professionals in the performance of the Subscription Services and any claims process.

6.2 Access to Property

Subscriber agrees to provide APHS and its authorized service professionals with reasonable access to the Property for all scheduled inspections, service visits, and claims assessments. Subscriber shall ensure that:

1. An adult (eighteen (18) years of age or older) is present at the Property during all scheduled visits;
2. The Property is in a safe and accessible condition for service professionals to perform their work;
3. All areas requiring inspection or service are accessible and free from obstructions; and
4. Any pets that may interfere with service are secured.

If Subscriber fails to provide access for a scheduled visit, APHS may charge a missed appointment fee of up to $75.00 and reschedule the visit at APHS’s convenience.

6.3 Accurate Representations

Subscriber represents and warrants that all information provided to APHS, including information about the Property, its systems, and any claims, is true, accurate, and complete. Subscriber acknowledges that APHS relies on this information in providing the Subscription Services. Any material misrepresentation by Subscriber may result in denial of claims, termination of this Agreement, and/or forfeiture of any fees paid.

7. NON-COVERED WORK AND TRANSPARENT PRICING

7.1 Repair and Additional Work

Any work that falls outside the scope of the Subscription Services, including but not limited to repairs, parts, replacements, and code-compliance work (collectively, “Additional Work”), will be quoted separately and performed only upon Subscriber’s prior written or electronic approval.

7.2 Cost-Plus Pricing

All Additional Work (excluding work arising from acts of God, which is addressed in Section 8) will be priced at APHS’s actual cost plus a ten percent (10%) margin (“Cost + 10%”). APHS will disclose to Subscriber the actual cost of labor, parts, and materials, and the ten percent (10%) margin will be identified separately. There will be no hidden fees, inflated pricing, or undisclosed markups.

7.3 Approval Required

APHS will not perform any Additional Work without Subscriber’s prior approval. APHS will provide a written estimate to Subscriber identifying the scope of work, the actual costs, and the ten percent (10%) margin before any Additional Work commences.

8. ACTS OF GOD AND INSURANCE COORDINATION

If the Property’s covered systems sustain damage caused by an act of God (including but not limited to storms, floods, earthquakes, lightning, or other natural events beyond human control), and such damage is covered under Subscriber’s homeowner’s insurance policy, APHS will, at Subscriber’s request, perform the required restoration work on the affected systems.

In such circumstances, APHS will coordinate directly with Subscriber’s insurance company to facilitate the claims process and reconcile costs. Subscriber agrees to cooperate with APHS and to provide all insurance information reasonably necessary for APHS to coordinate with the insurance carrier. Costs for act-of-God restoration work will be reconciled with the insurance carrier, not billed directly to Subscriber, to the extent the work is covered by Subscriber’s insurance policy.

To the extent that any act-of-God restoration work is not covered by Subscriber’s insurance policy, such work will be treated as Additional Work and priced in accordance with Section 7.2.

9. SUBSCRIPTION FEES AND PAYMENT

9.1 Subscription Fee Calculation

The monthly subscription fee (the “Subscription Fee”) is calculated based on the square footage of the Property and the age of the Property, and is available in three models as set forth in (i) through (iii) below:

(i) Single-Trade Model

Subscriber selects one (1) trade (plumbing, HVAC, or electrical) for subscription coverage. The Single-Trade Model includes two (2) scheduled inspections per year for the selected trade. Non-selected trades are not covered under the subscription and any services for non-selected trades will be billed at market pricing as Additional Work under Section 7.

Tier 1: Essential

Base Rate: $0.050–$0.055 per sq ft (trade dependent) of the property per month

Caps: Per Trade Annual: $12,000 | Per Trade Lifetime: $25,000

Tier 2: Standard

Base Rate: $0.060–$0.070 per sq ft (trade dependent) of the property per month

Caps: Per Trade Annual: $15,000–$18,000 | Per Trade Lifetime: $20,000–$35,000

Tier 3: Premium

Base Rate: $0.075–$0.085 per sq ft (trade dependent) of the property per month

Caps: Per Trade Annual: $20,000–$25,000 | Per Trade Lifetime: $40,000–$45,000

(ii) Dual-Trade Model

Subscriber selects two (2) trades (any combination of plumbing, HVAC, and electrical) for subscription coverage. The Dual-Trade Model includes two (2) scheduled inspections per year for the selected trades. The non-selected trade is not covered under the subscription and any services for the non-selected trade will be billed at market pricing as Additional Work under Section 7.

Tier 1: Essential

Base Rate: $0.085 per sq ft of the property per month

Caps: Per Trade Annual: $15,000 | Combined Annual: $25,000

Tier 2: Standard

Base Rate: $0.100 per sq ft of the property per month

Caps: Per Trade Annual: $18,000 | Combined Annual: $30,000

Tier 3: Premium

Base Rate: $0.115 per sq ft of the property per month

Caps: Per Trade Annual: $22,000 | Per Trade Lifetime: $35,000

(iii) Three-Trade Model

Subscriber receives subscription coverage for all three trades (plumbing, HVAC, and electrical). The Three-Trade Model includes two (2) scheduled bi-annual inspections per year (one inspection every six months). Subscriber may upgrade to four (4) quarterly inspections per year for an additional fee.

Tier 1: Essential

Base Rate: $0.105 per sq ft of the property per month
Quarterly Pricing Base Rate: $0.115 per sq ft of the property per month

Caps: Per Trade Annual: $15,000 | Per Trade Lifetime: $30,000 | Combined Annual Per Home: $25,000

Tier 2: Standard

Base Rate: $0.125 per sq ft of the property per month
Quarterly Pricing Base Rate: $0.135 per sq ft of the property per month

Caps: Per Trade Annual: $20,000 | Per Trade Lifetime: $40,000 | Combined Annual Per Home: $35,000

Tier 3: Premium

Base Rate: $0.145 per sq ft of the property per month
Quarterly Pricing Base Rate: $0.155 per sq ft of the property per month

Caps: Per Trade Annual: $25,000 | Per Trade Lifetime: $50,000 | Combined Annual Per Home: $45,000

9.2 Model and Tier Changes

Subscriber may upgrade to a higher-tier plan or add additional trades at any time by contacting APHS. Upgrades require completion of a baseline inspection for any newly added trades and are subject to a ninety (90)-day waiting period for the newly added coverage. Subscriber may downgrade to a lower-tier plan or remove trades from coverage at the end of any billing cycle by providing notice to APHS at least fifteen (15) days prior to the end of the billing cycle. Upon downgrade, Subscriber will no longer have coverage for Covered Major Events applicable to the removed trade(s) or the reduced tier.

9.3 Payment

Subscriber agrees to pay the Subscription Fee monthly in advance. Payment will be made by credit card, debit card, or other electronic payment method accepted by APHS. Subscriber authorizes APHS to charge the payment method on file on a recurring monthly basis for the Subscription Fee. No deductibles apply. Coverage is subject to the annual and lifetime caps applicable to Subscriber’s tier.

9.4 Late Payment

If any Subscription Fee payment is not received within ten (10) days of its due date, APHS may, at its discretion, suspend the Subscription Services until the account is brought current. APHS reserves the right to terminate this Agreement for nonpayment as provided in Section 12.

9.5 Fee Adjustments

APHS reserves the right to adjust Subscription Fees upon thirty (30) days’ prior written notice to Subscriber, which notice will be sent to the email address on file and posted to Subscriber’s account on the APHS website. The notice will clearly state the current Subscription Fee, the new Subscription Fee, and the effective date of the adjustment. Any fee adjustment will take effect at the beginning of the next billing cycle following the expiration of the thirty (30)-day notice period. If Subscriber does not agree to the adjusted Subscription Fee, Subscriber may terminate this Agreement without penalty by providing notice to APHS prior to the effective date of the fee adjustment, as further described in Section 20.2.

10. TERM

10.1 Term

This Agreement will commence on the Effective Date and will continue on a month-to-month basis until terminated by either party in accordance with Section 12. The membership automatically renews each month until cancelled by the Subscriber.

10.2 Automatic Renewal

This Agreement will automatically renew for successive one-month periods at the then-current Subscription Fee, unless Subscriber cancels in accordance with Section 12.1. Subscriber will be charged the Subscription Fee at the beginning of each Billing Cycle.

Automatic Renewal Notice: BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT THIS AGREEMENT WILL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS, AND YOU WILL BE CHARGED THE THEN-CURRENT MONTHLY SUBSCRIPTION FEE UNLESS YOU CANCEL. YOU MAY CANCEL AT ANY TIME AS DESCRIBED IN SECTION 12.1, AND CANCELLATION WILL BE EFFECTIVE AT THE END OF YOUR CURRENT BILLING CYCLE.

12. TERMINATION

12.1 Termination by Subscriber

Subscriber may cancel this Agreement at any time by providing notice to APHS using any of the following methods:

1. Online cancellation through Subscriber’s account;
2. Email to cancel@americanpnhs.com; or
3. Written notice mailed to the address provided on the APHS website.

Cancellation will be effective at the end of the current Billing Cycle in which APHS receives the cancellation notice. APHS will send confirmation of cancellation to Subscriber’s email address on file within five (5) business days of receiving the cancellation request.

12.2 Termination by APHS

APHS may terminate this Agreement immediately upon written notice to Subscriber if:

1. Subscriber fails to pay any Subscription Fee within thirty (30) days of its due date;
2. Subscriber breaches any material term of this Agreement and fails to cure such breach within fifteen (15) days of receiving written notice thereof; or
3. The Property is sold, transferred, or otherwise ceases to be owned by Subscriber.

12.3 No Refunds

All Subscription Fees, inspection fees, service fees, and other payments made under this Agreement are non-refundable. If Subscriber cancels during a Billing Cycle, no partial or prorated refunds will be issued for the remainder of that Billing Cycle. Subscriber will continue to have access to the Subscription Services through the end of the Billing Cycle in which cancellation is effective. Upon termination, APHS will have no further obligation to provide Subscription Services.

13. INDEPENDENT CONTRACTORS

13.1 Engagement of Licensed Professionals

APHS partners with master plumbers, master HVAC technicians, and master electricians who may be engaged as independent contractors, supervising license holders, consultants, on-call supervisors, or subcontracted licensed professionals to perform some or all of the Subscription Services and Additional Work. Such individuals are not employees of APHS. APHS will exercise commercially reasonable efforts to ensure that all service professionals performing work under this Agreement are qualified, properly licensed, and insured in accordance with all applicable state and local licensing laws.

13.2 No Partnership or Agency

Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between APHS and any independent contractor, supervising license holder, consultant, or subcontracted professional. Each such service professional is an independent business and is solely responsible for their own acts, omissions, employees, taxes, insurance, and compliance with applicable laws. APHS does not hold itself out as a licensed plumbing, HVAC, or electrical contractor and makes no representations regarding its own licensing authority. All licensed trade work is performed by or under the supervision of appropriately licensed professionals.

13.3 Scope of Supervision

When required by applicable state or local law, licensed trade work will be performed under the supervision of a master-level or otherwise appropriately licensed professional. The scope and nature of such supervision shall be determined by the supervising license holder in accordance with applicable licensing requirements. APHS coordinates scheduling and dispatch but does not direct, control, or supervise the manner in which licensed professionals perform their work.

13.4 Licensing Compliance

All independent contractors, supervising license holders, and subcontracted professionals engaged by APHS shall maintain all licenses, certifications, and permits required by applicable state and local laws and shall perform all work in compliance with such laws. APHS reserves the right to verify licensing status and to terminate its relationship with any service professional who fails to maintain required credentials.

13.5 Limitation of Liability for Independent Contractors

APHS shall not be liable for any acts, omissions, negligence, or misconduct of any independent contractor, supervising license holder, consultant, or subcontracted professional engaged to perform Subscription Services or Additional Work, except to the extent caused by APHS’s own gross negligence or willful misconduct. Subscriber’s sole recourse for any claim arising from the acts or omissions of such service professionals shall be against the service professional directly.

14. LIMITATION OF LIABILITY

14.1 No Warranty of Results

APHS does not warrant or guarantee that the Subscription Services will prevent system failures, breakdowns, or malfunctions. The Subscription Services are diagnostic and preventative in nature and are intended to identify potential issues and reduce the likelihood of emergency failures. APHS makes no representations regarding the condition, remaining useful life, or performance of any system or component.

14.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APHS BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SUBSCRIPTION SERVICES, REGARDLESS OF THE THEORY OF LIABILITY. APHS’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY SUBSCRIBER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14.3 Exclusions

The limitations set forth in this Section 14 will not apply to liabilities arising from APHS’s gross negligence or willful misconduct.

15. DISCLAIMER OF WARRANTIES

THE SUBSCRIPTION SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APHS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS AGREEMENT IS NOT A HOME WARRANTY, INSURANCE POLICY, OR SERVICE CONTRACT AS DEFINED UNDER MISSOURI OR KANSAS LAW. COVERED MAJOR EVENT REPAIR COVERAGE PROVIDES LIMITED REPAIR COVERAGE FOR SPECIFIED COVERED MAJOR EVENTS ONLY AND IS SUBJECT TO ELIGIBILITY REQUIREMENTS, A BASELINE INSPECTION, WAITING PERIODS, CLAIM LIMITS, COVERAGE CAPS, AND EXCLUSIONS AS SET FORTH IN SECTION 4. NO DEDUCTIBLES APPLY. COVERED MAJOR EVENT REPAIR COVERAGE IS NOT UNLIMITED REPAIR COVERAGE, INSURANCE, OR A GUARANTEE OF SYSTEM PERFORMANCE.

16. INDEMNIFICATION

Subscriber agrees to indemnify, defend, and hold harmless APHS and its officers, directors, members, managers, employees, agents, and independent contractors from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Subscriber’s breach of this Agreement; (b) Subscriber’s misuse of the Subscription Services; (c) any inaccurate representation made by Subscriber regarding the Property; or (d) any third-party claim arising from Subscriber’s ownership or use of the Property.

17. DISPUTE RESOLUTION

17.1 Governing Law

This Agreement will be governed by and construed in accordance with the laws of the state in which the Property is located (Missouri or Kansas, as applicable), without regard to its conflict-of-laws principles.

17.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, the parties agree to attempt in good faith to resolve any dispute arising out of or relating to this Agreement through informal negotiation for a period of thirty (30) days following written notice of the dispute.

17.3 Informal Dispute Resolution Conference

Before either party commences arbitration against the other, you and APHS will engage in a good-faith informal dispute resolution conference telephonically or via video conference to try to resolve any Dispute. If you are represented by legal counsel, your counsel may participate in the conference, but your participation is also required.

17.4 Binding Arbitration

You and APHS mutually agree that any claim, dispute, or controversy arising between you and APHS, arising out of or relating to this Agreement, the Subscription Services, or any communications by APHS (collectively, “Disputes”), which is not resolved through informal dispute resolution, shall be resolved through confidential, binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, rather than through litigation in court. This arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The arbitration will be conducted in the county in which the Property is located. Hearings may be conducted by video conference, telephone, or in person, at the arbitrator’s discretion.

By agreeing to this arbitration provision, you acknowledge that you are voluntarily waiving your right to a jury trial and to pursue a lawsuit in state or federal court, except as expressly provided herein. The arbitrator shall follow the governing law in reaching a reasoned decision and shall deliver a written opinion setting forth findings of fact, conclusions of law, and the rationale for the arbitrator’s decision. The decision of the arbitrator shall be final, binding, and conclusive upon the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitrator shall have no authority to add to, detract from, or modify this Agreement or any applicable law in any respect, and may not grant any remedy or relief greater than that sought by the parties.

17.5 Fee Allocation

APHS will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with this Section 17, except that if you initiate arbitration, you will be responsible for paying any filing fee up to the amount of the filing fee you would have paid to initiate a lawsuit in state court. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, then the allocation of fees will be governed by the AAA Consumer Arbitration Rules.

17.6 Class Action Waiver

SUBSCRIBER AGREES THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. SUBSCRIBER WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST APHS.

17.7 Opt-Out

You have the option to opt out of the provisions of this arbitration agreement within thirty (30) days of initially agreeing to this Agreement. To opt out, you must send your name, Property address, email address, and a clear statement expressing your desire to opt out of arbitration to: cancel@americanpnhs.com with the subject line “Arbitration Opt-Out.” Opting out of this arbitration provision does not affect any other terms of this Agreement.

17.8 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court in the county in which the Property is located, provided the claim falls within the jurisdictional limits of such court.

17.9 Notice of Dispute

Before initiating arbitration of a Dispute, you must provide APHS with a written “Notice of Dispute” containing your name, Property address, email address, a detailed description of the Dispute, and the requested relief. Any Notice of Dispute to APHS should be sent to the address provided on the APHS website, Attention: Dispute Notice. Likewise, before commencing arbitration of a Dispute against you, APHS will provide you with a written Notice of Dispute detailing the Dispute and the relief sought.

17.10 Confidentiality

The parties agree that all dispute-related communications and materials will be kept confidential. This includes any Notice of Dispute and responses, settlement or compromise communications, and, to the fullest extent permitted by law, arbitration filings, briefs, exhibits, discovery, hearings, transcripts, orders, and awards (collectively, “Dispute Materials”). Dispute Materials may be disclosed only:

1. To the parties, their counsel, insurers, experts, and advisors who have a need to know and are bound by confidentiality obligations;
2. As required by law, regulation, subpoena, or court order;
3. As reasonably necessary to enforce, confirm, vacate, or modify an arbitral award or judgment; or
4. With the prior written consent of the other party.

17.11 Severability of Arbitration Provisions

If any part of this Section 17 is found to be invalid or unenforceable under the law, such part shall be severed, and the remainder of this Section 17 shall remain in full force and effect. Nothing in this Section 17 shall be construed as limiting your rights under applicable consumer protection laws.

18. ELECTRONIC AGREEMENT AND CONSENT

18.1 Electronic Acceptance

By clicking “I Agree,” checking the acceptance box, or otherwise electronically accepting this Agreement through the APHS website, Subscriber agrees that such electronic acceptance constitutes Subscriber’s legally binding signature and consent to the terms and conditions of this Agreement. This Agreement is entered into in accordance with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and applicable state law, including the Missouri Uniform Electronic Transactions Act (Mo. Rev. Stat. § 432.200 et seq.) and the Kansas Uniform Electronic Transactions Act (Kan. Stat. Ann. § 16-1601 et seq.).

18.2 Consent to Electronic Communications

Subscriber consents to receive all communications, agreements, notices, and disclosures related to this Agreement electronically, including by email to the email address provided at enrollment or through the APHS website. Subscriber agrees that electronic communications satisfy any legal requirement that such communications be in writing.

18.3 Record Retention

Subscriber is encouraged to print or save a copy of this Agreement for Subscriber’s records. A copy of this Agreement will also be available through Subscriber’s account on the APHS website.

19. PRIVACY AND DATA

APHS will collect, use, and store Subscriber’s personal information in accordance with APHS’s Privacy Notice, which is available on the APHS website and is incorporated herein by reference. By entering into this Agreement, Subscriber acknowledges that Subscriber has reviewed and agrees to the Privacy Notice.

20. MISCELLANEOUS

20.1 Entire Agreement

This Agreement, together with the Privacy Policy and any other documents expressly incorporated by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings.

20.2 Amendments

APHS reserves the right to modify this Agreement by posting an updated version on the APHS website and providing notice to Subscriber by email at least thirty (30) days prior to the effective date of any modification. For any material change to the Subscription Fee, Subscription Services, or other material terms of this Agreement, Subscriber may terminate this Agreement without penalty by providing notice to APHS within thirty (30) days of receiving notice of the material change. If Subscriber does not terminate within such thirty (30)-day period, Subscriber’s continued use of the Subscription Services following the effective date of the modification constitutes acceptance of the modified terms.

20.3 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

20.4 Assignment

Subscriber may not assign or transfer this Agreement without APHS’s prior written consent. APHS may assign this Agreement without restriction.

20.5 Waiver

The failure of either party to enforce any provision of this Agreement will not constitute a waiver of such provision or the right to enforce it at a later time.

20.6 Force Majeure

APHS will not be liable for any delay or failure to perform the Subscription Services resulting from circumstances beyond APHS’s reasonable control, including but not limited to natural disasters, pandemics, government orders, labor disputes, or supply chain disruptions.

20.7 Notices

All notices under this Agreement will be sent to the email address on file for the respective party. Notices to APHS should be directed to the contact information provided on the APHS website.

20.8 Headings

The section headings in this Agreement are for convenience only and do not affect the interpretation of this Agreement.

20.9 Survival

The following provisions shall survive the termination or expiration of this Agreement and shall continue in full force and effect: Section 4 (Covered Major Events), Section 5 (Exclusions), Section 6 (Subscriber Obligations), Section 7 (Non-Covered Work and Transparent Pricing) with respect to any outstanding charges, Section 12.3 (No Refunds), Section 13 (Independent Contractors), Section 14 (Limitation of Liability), Section 15 (Disclaimer of Warranties), Section 16 (Indemnification), Section 17 (Dispute Resolution), Section 19 (Privacy and Data), and this Section 20 (Miscellaneous). Any other provisions that by their nature should survive termination or expiration of this Agreement shall also survive.

20.10 No Third-Party Beneficiaries

This Agreement is for the sole benefit of APHS and Subscriber and their respective successors and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement, including but not limited to tenants, family members, guests, or subsequent owners of the Property.

BY CLICKING “I AGREE,” YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT YOU UNDERSTAND ITS TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT IS NOT A HOME WARRANTY, INSURANCE POLICY, OR GUARANTEE OF SYSTEM PERFORMANCE. YOU ACKNOWLEDGE THAT COVERED MAJOR EVENT REPAIR COVERAGE IS SUBJECT TO ELIGIBILITY REQUIREMENTS, A BASELINE INSPECTION, A NINETY (90)-DAY WAITING PERIOD, CLAIM LIMITS, COVERAGE CAPS, AND EXCLUSIONS AS SET FORTH IN SECTION 4. NO DEDUCTIBLES APPLY.

CANCELLATION POLICY NOTICE

BY CHECKING THE BOX BELOW, YOU ACKNOWLEDGE AND AGREE THAT:

1. This Agreement is a month-to-month subscription that automatically renews each month until you cancel;
2. You may cancel at any time using any of the following methods:
   1. Online through your APHS account;
   2. Email to cancel@americanpnhs.com; or
   3. Written notice mailed to the address on the APHS website;
3. All Subscription Fees, inspection fees, service fees, and other payments are non-refundable;
4. If you cancel during a Billing Cycle, no partial or prorated refunds will be issued, and your cancellation will be effective at the end of your current Billing Cycle;
5. If you cancel and later re-enroll, you must restart the thirty (30)-day service activation period, complete a new baseline inspection, and satisfy a new ninety (90)-day Covered Major Event waiting period.

Version 2.0 — Effective upon enrollment

APHS programs are structured as service contracts and are not insurance policies.