Terms of Service

Effective date: October 14, 2026

These Terms of Service ("Terms") are an agreement between Damon Payne, doing business as EstimateDeskHQ ("EstimateDeskHQ," "we," "us") and the business that uses our website or services ("Client," "you"). By requesting a pilot, signing up, or using the Services, you agree to these Terms. If you accept on behalf of a company, you confirm that you have authority to bind it.

1. The Services

EstimateDeskHQ provides AI-assisted follow-up for HVAC businesses. We send automated follow-up messages to your leads and customers about estimates and inquiries, by email and, where enabled, by text message, based on information and instructions you provide (the "Services"). The features, channels, and message content for your account are as agreed with you in writing, including by email.

2. Free 14-day pilot

• Eligible new clients may receive a free 14-day pilot. There is no charge for the pilot, and you may stop at any time during it.
• At the end of the pilot, the Services continue on a paid monthly retainer only if you choose to continue and agree to the pricing we quote you. We will not charge you without your agreement.
• We may limit pilots to one per business and may change or end the pilot offer at any time.

3. Fees, billing, and cancellation

• The retainer fee is the amount stated in your quote or order. It is billed monthly in advance unless agreed otherwise.
• Fees do not include taxes, which you are responsible for. Fees may also exclude third-party costs, such as SMS carrier or registration fees, if stated in your quote.
• You may cancel at any time with written notice (email is fine). Cancellation takes effect at the end of the current billing period. Fees already paid are non-refundable, except as required by law.
• We may change pricing with at least 30 days' notice before your next billing period.
• We may pause the Services if payment is overdue.

4. Your responsibilities

You are the sender of messages sent on your behalf and are responsible for your contact lists and messaging compliance. You agree that:

• You will give us only contact information that you collected lawfully and have the right to use.
• You have obtained, and will keep records of, every consent required by law before we contact anyone for you. This includes prior express (written, where required) consent for text messages and automated calls under the Telephone Consumer Protection Act (TCPA) and similar state laws.
• You will comply with the CAN-SPAM Act, the TCPA, carrier and A2P 10DLC requirements, Do-Not-Call rules, state telemarketing and messaging laws, and privacy laws. This includes any laws that require disclosing the use of AI or automated messages in your area or industry.
• You will tell us promptly about opt-outs, complaints, or do-not-contact requests that you receive directly. We honor STOP and unsubscribe requests that come through the Services.
• You will give accurate business information, including the business name and physical postal address to include in emails, and you will review message templates we prepare for you.
• You have your own privacy policy that covers your customers' information as required by law.

5. Acceptable use

You may not use the Services to:

• Send messages to purchased, rented, or scraped lists, or to anyone who has not consented where consent is required.
• Send false, misleading, deceptive, harassing, or unlawful content, or impersonate any person.
• Send content about prohibited or restricted topics under carrier policies, such as illegal products, hate speech, or adult content.
• Interfere with, reverse engineer, or overload the Services, or try to access them without authorization.

We may refuse to send, or may suspend, any message or account that we reasonably believe violates these Terms or the law.

6. Data and privacy

For your customers' personal information, we act as your service provider (processor). We use it only to provide the Services for you, under your instructions and our Privacy Policy. We will not sell it, and we will not use it for our own marketing. When the Services end, we will delete or return it within a reasonable time, unless the law requires us to keep it.

7. Intellectual property

You keep all rights to your data, logos, and content. You give us a limited license to use them only to provide the Services. We keep all rights to the Services, our software, workflows, templates, and know-how. Message content created specifically for you may be used by you for your business. We may use anonymized, aggregated data that does not identify you or any individual to improve the Services. With your permission, we may name you as a client.

8. Confidentiality

Each party will protect the other's non-public business information with reasonable care. It will use that information only for this relationship and will not disclose it, except to people who need to know it and are bound by similar duties, or as required by law. This does not apply to information that is public, already known, independently developed, or lawfully received from someone else.

9. Disclaimers

We work hard to help you win more jobs, but we do not guarantee any particular results, such as booked jobs, revenue, response rates, or message deliverability. AI-generated messages may occasionally contain errors. You are responsible for reviewing the messaging approach you approve. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We are not responsible for failures or delays caused by email providers, carriers, or other third parties.

10. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED THE FEES YOU PAID US IN THE 3 MONTHS BEFORE THE CLAIM AROSE, OR $100 IF NOTHING WAS PAID (FOR EXAMPLE, DURING A FREE PILOT). These limits do not apply to your payment obligations or your indemnification obligations.

11. Indemnification

You will defend, indemnify, and hold harmless EstimateDeskHQ and its owners, employees, and contractors from claims, fines, penalties, damages, and costs (including reasonable attorneys' fees) arising from: your contact lists or lack of required consent; messages sent at your instruction; your violation of these Terms or any law, including the TCPA, CAN-SPAM, and state messaging, privacy, or AI disclosure laws; or your content.

12. Term and termination

These Terms apply from your first use of the Services until terminated. Either party may end the Services with written notice as described in Section 3. We may suspend or end the Services immediately if you materially breach these Terms, fail to pay, or use the Services in a way that creates legal risk. Sections 3 (amounts owed), 6 through 11, and 13 through 15 survive termination.

13. Governing law and disputes

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Tennessee, and each party consents to their jurisdiction. Before filing a claim, each party agrees to try to resolve the dispute informally for 30 days after written notice.

14. Changes to these Terms

We may update these Terms from time to time. We will post the new version here with a new effective date and, for material changes, notify active clients by email. Continuing to use the Services after a change takes effect means you accept the updated Terms.

15. General

These Terms, along with any written quote or order, are the entire agreement between us about the Services. If a provision is found unenforceable, the rest stays in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent, except as part of a sale of your business. Neither party is liable for delays caused by events beyond its reasonable control. We are independent contractors.

16. Contact

Damon Payne, doing business as EstimateDeskHQ
5523 Shelton Blvd, Murfreesboro, TN
Email: damon@estimatedeskhq.com