Terms of Service

These Terms of Service ("Terms") govern your use of the HVAC CallCapture service operated by HVAC CallCapture ("we," "us," or "our"). By signing up for or using our service, you agree to these Terms in full.

If you do not agree to these Terms, do not use our service.

1. Service Description

HVAC CallCapture provides a done-for-you AI call capture and lead response service designed for independent HVAC companies. Our service includes:

• Automated missed-call detection and logging via Twilio telephony
• AI-powered automated SMS responses sent to callers on your behalf
• Lead capture, tracking, and notification to business owners
• A web-based dashboard for managing leads and reviewing call activity
• Call forwarding and voicemail handling configuration

We reserve the right to modify, update, or discontinue features of the service with reasonable notice to active subscribers.

2. Subscription and Billing

• Service is offered on a monthly subscription basis
• Billing begins on the date you sign up and recurs monthly
• You may cancel your subscription at any time from your account settings
• Cancellations take effect at the end of the current billing period — no partial refunds
• A one-time setup fee applies at account creation (covers number provisioning, A2P compliance registration, custom configuration, and live testing)
• We reserve the right to change pricing with 30 days advance notice to active subscribers
• Payments are processed by Stripe. By providing payment information, you agree to Stripe's terms of service

3. SMS Messaging Terms and Consent

Consent to Receive SMS Messages:

By checking the SMS consent checkbox on our signup form, you expressly consent to receive text messages from HVAC CallCapture. This consent is optional and not required to complete your signup or use our service.

Opt-Out: You may opt out of receiving SMS messages at any time by replying STOP to any message. After opting out, you will receive one final confirmation message, and no further SMS messages will be sent to you.

Message Frequency: Message frequency may vary based on your account activity. You may receive up to 10 messages per month.

Message & Data Rates: Standard message and data rates may apply depending on your carrier and plan.

Automated Messaging Notice: The SMS messages sent through our platform are sent using automated technology. Consent is not a condition of purchasing our service.

Carrier Liability Disclaimer: Wireless carriers (such as AT&T, Verizon, T-Mobile, and others) are not liable for delayed or undelivered messages. Message delivery is subject to carrier network conditions and is not guaranteed.

Age Restriction: The SMS program is intended for users who are 18 years of age or older. By opting in to receive SMS messages from HVAC CallCapture, you confirm that you are at least 18 years old.

For more information about our SMS practices, see our Privacy Policy. For questions or assistance, contact us at info@hvaccallcapture.com.

4. Acceptable Use

By using HVAC CallCapture, you agree to:

• Use the service solely for legitimate HVAC business purposes
• Not use the service to send spam, unsolicited messages, or harassing communications
• Comply with the Telephone Consumer Protection Act (TCPA) and all applicable telemarketing laws
• Comply with A2P 10DLC messaging regulations for business SMS
• Not use the service to contact individuals who have opted out or requested no contact
• Ensure your use of automated messaging is consistent with applicable state and federal law
• Not attempt to circumvent, disable, or interfere with the security features of the service
• Not resell, sublicense, or transfer access to the service to third parties

Violation of these acceptable use terms may result in immediate suspension or termination of your account.

5. Your Responsibilities

As an HVAC business owner using our service, you are responsible for:

• Ensuring you have the legal right to receive calls and send automated SMS responses to your callers
• The content and accuracy of any custom messages you configure in the platform
• Maintaining valid and current billing information
• Keeping your account credentials secure and confidential
• Notifying us promptly of any unauthorized use of your account

6. Intellectual Property

The HVAC CallCapture platform, including its software, design, and content, is owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our service.

You retain ownership of your business data, call logs, and lead information. You grant us a limited license to use this data solely to provide the service.

7. Service Availability

We strive for high availability but cannot guarantee uninterrupted service. We are not liable for:

• Temporary outages for maintenance or updates
• Disruptions caused by third-party services (Twilio, Stripe, cloud infrastructure)
• Service degradation due to factors outside our reasonable control

We will make reasonable efforts to notify subscribers in advance of planned maintenance windows.

8. Limitation of Liability

To the maximum extent permitted by law:

• Our service is provided "as is" without warranties of any kind, express or implied
• We are not liable for missed calls, lost leads, or business losses resulting from service interruptions
• Our total liability for any claim shall not exceed the amount you paid us in the 30 days preceding the claim
• We are not liable for any indirect, incidental, special, or consequential damages
• We are not responsible for your compliance with TCPA or other telemarketing regulations — that is your responsibility as the business operator

9. Indemnification

You agree to indemnify, defend, and hold harmless HVAC CallCapture and its operators from any claims, damages, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the service in violation of these Terms
• Your violation of applicable law, including TCPA
• Any claims by callers or recipients of automated messages sent through your account
• Your business operations or content

10. Termination

Either party may terminate the service relationship:

• By you: Cancel your subscription at any time. Service continues through the end of your paid billing period.
• By us: We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or use the service in a manner that creates legal or compliance risk for us.
• Upon termination, your access to the platform and data will be deactivated. You may request a data export within 30 days of termination.

11. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Montgomery County, Texas, and you consent to the personal jurisdiction of such courts.

12. Changes to Terms

We may update these Terms from time to time. We will notify active subscribers of material changes via email at least 14 days before they take effect. Continued use of the service after that date constitutes acceptance of the revised Terms.

13. Contact Us

For questions about these Terms of Service: