Terms of Service

1. Agreement to Terms

By accessing or using HVAC CallCapture’s website (hvaccallcapture.com) and services, you agree to be bound by these Terms of Service. If you do not agree, you may not access or use our services.

2. Description of Services

HVAC CallCapture provides:

• Missed Call Text-Back: Automated SMS responses to missed calls within seconds
• SMS Follow-Up Sequences: Automated drip campaigns to engage leads
• CRM & Lead Management: Contact tracking, pipeline management, and owner notifications
• AI Receptionist: 24/7 AI-powered phone answering (Premium tier)
• Appointment Booking: Automated scheduling and confirmation
• Review Generation: Post-service review request automation

3. Account Registration

To use our services, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Be at least 18 years old and legally able to enter into contracts
• Be authorized to act on behalf of the business you register

You are responsible for all activity that occurs under your account.

4. Pricing and Payment

• All prices are in US dollars and are listed on our website
• Services are billed monthly in advance
• A one-time setup fee applies to all new accounts
• No long-term contracts — cancel anytime
• Payments are processed securely via Stripe
• Failed payments may result in service suspension after a 5-day grace period
• We reserve the right to change pricing with 30 days’ notice

5. SMS and Calling Compliance

By using our services, you agree to:

• Comply with the Telephone Consumer Protection Act (TCPA) and all applicable regulations
• Only send automated messages to callers who have initiated contact with your business
• Include opt-out instructions in all SMS communications
• Not use the service for spam, harassment, or illegal purposes
• Maintain compliance with your state’s telemarketing regulations
• Provide accurate caller ID information

Violation of these requirements may result in immediate account termination.

6. SMS Text Messaging Terms

HVAC CallCapture may send SMS text messages to individuals who have provided their phone number and opted in to receive messages from us. The following terms apply to our SMS messaging program:

Types of Messages: We may send the following types of SMS messages:

• Service notifications related to your account or inquiry
• Appointment reminders and confirmations
• Follow-up messages regarding your HVAC service request
• Responses to missed calls or inquiries

Message Frequency: You may receive up to 10 SMS messages per month from HVAC CallCapture.

Message & Data Rates: Standard message and data rates may apply depending on your mobile carrier and plan. HVAC CallCapture is not responsible for any fees charged by your wireless provider.

Opt-Out: You may opt out of receiving SMS messages at any time by replying STOP to any message you receive from us. Upon opting out, you will receive a one-time confirmation message, and no further SMS messages will be sent unless you re-subscribe.

Help: For assistance with our SMS messaging program, reply HELP to any message or email us at info@hvaccallcapture.com.

Consent: By opting in to receive SMS messages, you confirm that you are the owner or authorized user of the mobile phone number provided. Consent is not a condition of purchase. Your consent to receive SMS messages will not be shared with or sold to third parties.

Carrier Liability: HVAC CallCapture and mobile carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your mobile carrier and network availability. Neither HVAC CallCapture nor any mobile carrier shall be held responsible for any loss, damage, or inconvenience resulting from delayed, failed, or undelivered SMS messages.

Privacy: Your phone number and opt-in data are handled in accordance with our Privacy Policy. We do not share your phone number or SMS consent data with third parties for their marketing purposes.

7. Acceptable Use

You agree NOT to:

• Use the service for any unlawful purpose
• Send unsolicited bulk messages (spam)
• Impersonate any person or entity
• Interfere with or disrupt the service
• Attempt to gain unauthorized access to any part of the service
• Use the service to transmit malware or harmful content
• Resell or redistribute the service without authorization

8. Intellectual Property

All content, features, and functionality of HVAC CallCapture are owned by us and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without written permission.

9. Data and Privacy

Your use of our services is also governed by our Privacy Policy. You retain ownership of your customer data. Upon account cancellation, you may request a data export within 90 days.

10. Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service. We are not liable for:

• Temporary service interruptions due to maintenance or updates
• Carrier-related delays in SMS or call delivery
• Force majeure events beyond our control
• Third-party service provider outages

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HVAC CALLCAPTURE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

Our total liability for any claim shall not exceed the total amount paid by you in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless HVAC CallCapture, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the service or violation of these Terms.

13. Cancellation and Termination

• You may cancel your account at any time — no cancellation fees
• Cancellation takes effect at the end of your current billing period
• We may terminate accounts that violate these Terms
• Upon termination, your access to the service will cease
• You may request a data export within 90 days of cancellation

14. Governing Law

These Terms are governed by the laws of the State of Texas. Any disputes shall be resolved in the courts of Montgomery County, Texas.

15. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or a notice on our website. Continued use after changes constitutes acceptance.

16. Contact Us

If you have questions about these Terms:

• Email: info@hvaccallcapture.com
• Mail: 7901 Research Forest Drive, Ste 400 #3066, The Woodlands, TX 77382