ADVERTISING AND MARKETING COMPLIANCE

Lead generation, outbound calling, and SMS are regulated activities. We take compliance seriously and will not knowingly approve content that violates advertising platform policy or applicable law.

However, you remain ultimately responsible for the lawfulness of your offers and the services you deliver to homeowners. Specifically, you agree that:

You are responsible for the lawfulness, safety, and quality of the remodeling services you offer, and for compliance with contractor licensing, consumer protection, and other applicable regulations in your jurisdictions.

You will provide truthful and substantiated information about your services, results, and pricing.

You will not direct us to make claims that you know or should know are false, misleading, or unsupported.

You will comply with all laws governing telephone and SMS outreach (including the TCPA, CAN SPAM, Canada's CASL, and applicable Do Not Call rules), and you authorize the outreach we conduct on your behalf.

You will maintain appropriate general liability and other insurance for your business.

Important: Our compliance practices reduce, but do not eliminate, regulatory risk. We are not your attorney and our review is not legal advice. You should consult qualified counsel for any regulatory or licensing question specific to your business.

FEES, BILLING, AND REFUNDS

The fees for our services are set out in your program agreement. Unless that agreement says otherwise:

Program fees are billed in advance on the schedule stated in your agreement.

Advertising spend is separate from program fees and is paid directly by you to the advertising platform, or billed at cost when we manage media buys on your behalf.

Pass through infrastructure costs (e.g., AI voice agent call minutes) are billed at cost.

Late payments may accrue interest at the lesser of 1.5% per month or the maximum permitted by law.

You authorize us to charge your designated payment method for all fees as they come due.

Any satisfaction guarantee, refund, or credit terms specific to your engagement are set out in your program agreement and control over this section.

INTELLECTUAL PROPERTY

Our methods, frameworks, templates, software, the "AI Powered Estimate Machine" methodology, our AI voice agent systems, our playbooks, training materials, and all associated trademarks and copyrights are owned by us and are protected by intellectual property law.

Subject to your full payment and ongoing compliance with these Terms, we grant you a non exclusive, non transferable, revocable license to use the deliverables we produce for your business for the purpose of operating your business.

Specifically, on completion of the engagement:

You retain ownership of your brand assets, lead and customer records, ad account, and customer relationships.

You receive a perpetual license to continue using the landing pages, creative, and copy we built specifically for your business.

We retain ownership of our underlying methods, templates, software, and trade secrets.

We may continue to use aggregated, de identified performance data for benchmarking and program improvement.

YOUR CONTENT AND LICENSE TO US

You may provide us with content (brand assets, photos, testimonials, copy, project information) for use in our work for you. You grant us a non exclusive, worldwide license to use, reproduce, modify, and display that content solely for the purpose of providing services to you and, with your consent, for case study or testimonial use.

You represent that you have the rights to grant this license and that your content does not infringe any third party's rights or violate any law.

CONFIDENTIALITY

Each party may receive non public information from the other ("Confidential Information") during the engagement. Each party agrees to use the other's Confidential Information only to perform under these Terms and to protect it with at least the same care it uses for its own confidential information (and no less than reasonable care).

Confidential Information does not include information that is publicly available, was known to the receiving party without restriction prior to disclosure, or is independently developed without use of the disclosing party's information.

THIRD PARTY SERVICES

Our services rely on third party platforms (Meta, Google, payment processors, telephony and SMS providers, CRMs, AI providers). Your use of those platforms is subject to their own terms and policies, and we are not responsible for their availability, performance, or actions. Where you instruct us to act on a platform on your behalf, you remain responsible for compliance with that platform's terms.

DISCLAIMERS AND NO GUARANTEES OF RESULTS

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, EXCEPT AS REQUIRED BY APPLICABLE LAW.

We do not believe in get rich quick programs or shortcuts. We do not and cannot guarantee any specific business, financial, or appointment acquisition outcome. Results depend on many factors outside our control, including your offer, your geography, your sales and operational execution, and overall market conditions.

Any financial numbers, case studies, or testimonials shown on our website or shared during sales conversations are illustrative of what motivated clients have achieved and are not representative of typical results. Testimonials should not be relied on as a promise of similar results for your business.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Neither party will be liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.

Our aggregate liability arising out of or relating to these Terms or our services will not exceed the fees you actually paid us for services in the twelve months preceding the event giving rise to the claim.

The limitations in this section do not apply to (i) either party's indemnification obligations, (ii) breaches of confidentiality, (iii) infringement of intellectual property rights, or (iv) liability that cannot be excluded under applicable law.

INDEMNIFICATION

You agree to indemnify and hold us harmless from any third party claims, damages, fines, or expenses (including reasonable attorneys' fees) arising from: (a) the services, products, or work you provide to homeowners, (b) your breach of these Terms or your representations, (c) the content, claims, or offers you direct us to publish on your behalf, or (d) your violation of any applicable law or third party right.

We will indemnify you from third party claims that our services, as delivered by us, infringe a third party's United States intellectual property rights, subject to standard notice, cooperation, and control of defense requirements.

TERM AND TERMINATION

Your engagement begins when you sign your program agreement and continues for the term stated in that agreement. Either party may terminate for material breach with thirty (30) days' written notice and an opportunity to cure. We may suspend or terminate immediately if we reasonably believe continued service would expose us to legal or regulatory risk.

On termination: (i) you must pay all fees accrued through the termination date, (ii) we will return or assist you in retrieving your data within a commercially reasonable period, (iii) the license to continue using deliverables produced for you survives, subject to your full payment, and (iv) the provisions of these Terms that by their nature should survive (including IP, confidentiality, disclaimers, liability, indemnity, and disputes) survive termination.

DISPUTES AND GOVERNING LAW

These Terms are governed by the laws of the Republic of South Africa, without regard to its conflict of laws principles.

Any dispute arising out of or relating to these Terms or our services will be resolved exclusively by binding arbitration administered by a recognized arbitration provider under its streamlined or expedited rules, in Johannesburg, Gauteng, in English. Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek injunctive or other equitable relief in court for actual or threatened infringement of intellectual property or breach of confidentiality.

You and we agree that any dispute will be brought on an individual basis only, and not as a class, collective, or representative action. If this class waiver is found unenforceable, the arbitration provision will be void as to the affected dispute only.

MISCELLANEOUS

Entire agreement. These Terms, together with your program agreement and our Privacy Policy, are the entire agreement between you and us regarding our services and supersede prior agreements on the same subject.

Modifications. We may update these Terms from time to time, material changes will be notified to active clients and posted with a new effective date.

Assignment. You may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or sale of substantially all assets.

Severability. If any provision is held unenforceable, the remaining provisions remain in effect.

Waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.

Force majeure. Neither party is liable for delays or failures due to causes beyond its reasonable control.

Independent contractor. The parties are independent contractors. Nothing here creates an agency, partnership, joint venture, or employment relationship.

No third party beneficiaries. These Terms do not create any rights for third parties.

CONTACT US

Questions about these Terms? We're happy to help.

Email: [email protected]