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Terms of Service

Last Updated: October 14, 2025

Welcome to Top HVAC Leads. These Terms of Service ("Terms") govern your use of our lead generation marketplace platform. By accessing or using our services, you agree to be bound by these Terms.

1. Definitions

• "Platform" refers to Top HVAC Leads website, API, and associated services
• "Lead" refers to homeowner contact information and service request details
• "Contractor" refers to HVAC service providers registered on the Platform
• "Homeowner" refers to individuals submitting HVAC service requests
• "Exclusive Lead" refers to a lead sold to only one Contractor
• "We," "Us," "Our" refers to Top HVAC Leads

2. Platform Role

Top HVAC Leads is a marketplace intermediary. We connect homeowners seeking HVAC services with licensed contractors. We:

• DO: Facilitate connections between homeowners and contractors
• DO: Process lead purchases and deliver contact information
• DO: Provide AI-powered diagnostics for homeowner requests
• DO NOT: Provide HVAC services directly
• DO NOT: Guarantee lead quality, conversion rates, or business outcomes
• DO NOT: Verify contractor licensing, insurance, or qualifications (Contractors are responsible for compliance)
• DO NOT: Control or guarantee contractor-homeowner interactions

3. Eligibility

To use our Platform, you must:

• Be at least 18 years old
• Have legal capacity to enter into binding contracts
• For Contractors: Operate a legitimate HVAC business with appropriate licenses and insurance
• Provide accurate and complete registration information
• Maintain the security of your account credentials

4. Contractor Terms

4.1 Registration

When registering as a Contractor, you agree to:

• Provide accurate business information (company name, license numbers, service areas)
• Maintain current licenses and insurance as required by law
• Use a valid email address for lead notifications
• Keep your account credentials confidential

4.2 Lead Purchases

Pricing: Leads are priced dynamically based on severity:

• Low severity (< 60): $25 per lead
• Medium severity (60-79): $45 per lead
• High severity (80+): $65 per lead

Exclusive Leads: Each lead is sold to only one contractor on a first-come, first-served basis. Once purchased, the lead is yours exclusively.

Payment: All payments are processed securely through Stripe. By purchasing a lead, you authorize us to charge your payment method.

4.3 Lead Delivery

Upon successful payment, we will deliver lead information via:

• Email to your registered address
• Webhook POST request (if configured)

Lead information includes:

• Homeowner name, phone number, and email
• ZIP code and service address details
• HVAC system information
• Symptom description and severity score
• AI diagnostic recommendations

4.4 Usage Restrictions

You agree to:

• Use leads solely for legitimate HVAC service purposes
• Contact homeowners in a professional and timely manner
• Comply with all applicable laws (TCPA, CAN-SPAM, state licensing requirements)
• NOT resell, share, or distribute lead information to third parties
• NOT use leads for spam, fraud, or illegal purposes

4.5 Refund Policy

4.6 Contractor Responsibilities

You are solely responsible for:

• Your interactions with homeowners
• Quality of your HVAC services
• Compliance with licensing, insurance, and regulatory requirements
• Any disputes, claims, or liabilities arising from your services
• Maintaining professional conduct and customer service standards

5. Homeowner Terms

5.1 Service Requests

When submitting a service request, you agree to:

• Provide accurate contact information and symptom descriptions
• Understand that your information will be shared with a qualified contractor
• Respond to contractor communications in good faith

5.2 No Guarantee of Service

We do not guarantee that a contractor will contact you or provide services. Contractors independently decide whether to purchase leads and contact homeowners.

6. Prohibited Activities

You may not:

• Provide false, misleading, or fraudulent information
• Circumvent the Platform to arrange direct payments or transactions
• Use automated tools to scrape, crawl, or access the Platform
• Attempt to hack, disrupt, or compromise Platform security
• Violate any applicable laws or regulations
• Impersonate another person or entity
• Upload malware, viruses, or malicious code
• Harass, threaten, or abuse other users

7. Intellectual Property

The Platform, including all content, features, trademarks, and technology, is owned by Top HVAC Leads and protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, or create derivative works from our Platform
• Reverse engineer or decompile our software
• Use our trademarks without written permission

8. Privacy and Data Protection

Your use of the Platform is also governed by our Privacy Policy. By using our services, you consent to the collection, use, and sharing of information as described in the Privacy Policy.

Data Compliance: Contractors warrant that they will handle homeowner data in compliance with applicable privacy laws including GDPR, CCPA, and state-specific regulations.

9. Disclaimers

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability for any claims arising from your use of the Platform is limited to the amount you paid us in the 12 months preceding the claim
• We are not liable for indirect, incidental, consequential, or punitive damages
• We are not liable for lost profits, revenue, data, or business opportunities
• We are not responsible for contractor services, quality, or interactions with homeowners

11. Indemnification

You agree to indemnify and hold harmless Top HVAC Leads from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your use of the Platform
• Your interactions with homeowners or contractors
• Your violation of any laws or third-party rights
• For Contractors: Your HVAC services, workmanship, or business practices

12. Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Abuse of the Platform or other users
• Non-payment of fees
• Any reason at our sole discretion

Upon termination:

• You lose access to your account and purchased leads
• Outstanding payments remain due
• Provisions regarding liability, indemnification, and dispute resolution survive

You may close your account at any time by contacting us. No refunds are provided for unused services.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms with a new "Last Updated" date
• Sending email notifications to registered users

Your continued use of the Platform after changes constitutes acceptance of the updated Terms. If you disagree with changes, you must stop using the Platform.

14. Governing Law and Dispute Resolution

Governing Law: These Terms are governed by the laws of the State of [Your State], without regard to conflict of law principles.

Arbitration: Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules.

Class Action Waiver: You agree to resolve disputes on an individual basis only. You waive any right to participate in class actions or class-wide arbitration.

Exceptions: Either party may seek injunctive relief in court to protect intellectual property rights.

15. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Top HVAC Leads.

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

No Waiver: Our failure to enforce any provision does not waive our right to enforce it later.

Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations to any party.

Force Majeure: We are not liable for delays or failures caused by circumstances beyond our reasonable control.

16. Contact Us

By using Top HVAC Leads, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

© 2025 Top HVAC Leads. All rights reserved.