Terms of Service

1. The Services

Roofers Lab provides a connected marketing system for U.S. residential roofing companies. Subject to these Terms, the Services include:

• A residential-roofing website, built and hosted by us;
• A technical, on-page and local-search launch foundation (this is a one-time launch foundation, not ongoing search engine optimization);
• Lead capture and speed-to-lead response workflows across SMS, email and phone;
• An AI texting assistant and an AI voice agent, each of which is disclosed and includes human handoff;
• Missed-call text-back;
• Appointment booking;
• A CRM pipeline;
• Smart review routing, in which ratings of 1-3 are directed to a private recovery flow and ratings of 4-5 are directed to the Client's real Google review link; and
• Access to the configured system during the active subscription.

We provide the Services through our platform and communications infrastructure providers, third-party service providers acting on our behalf.

What is not included. The Services do not include ongoing search engine optimization beyond the initial launch foundation. We do not guarantee search rankings, lead volume or revenue. Marketing results depend on many factors outside our control, and nothing in these Terms or on our Site is a promise of any particular outcome.

2. Fees, Metered Usage and Billing

The subscription fee is $297 per month, with $0 setup, billed month-to-month in advance. Metered usage, including SMS, email, phone minutes and AI usage, is billed separately from the subscription fee based on actual usage. You authorize us to charge your payment method for the subscription and for metered usage. Fees are non-refundable except where required by law. We may change fees on reasonable notice; changes apply to subsequent billing periods.

3. Term, Cancellation and Portability

The Services are month-to-month, and you may cancel at any time under your customer agreement; cancellation takes effect at the end of the then-current billing period.

On cancellation:

• Portable. Your contacts and your customer-owned domain can transfer out to you.
• Not portable. The website implementation, the automations, the workflows and the platform phone number are not portable and do not transfer.

We will provide reasonable assistance to export your portable data. Your portable data will remain available for export for 30 days after cancellation, after which we may delete it, subject to any legal retention obligations.

4. Client Responsibilities and Acceptable Use

You are responsible for your own content, your business practices and your compliance with all laws applicable to your business. You agree not to use the Services to send unlawful, infringing, deceptive or prohibited content.

Your messaging to your customers. When you use the Services to communicate with your own customers (for example, homeowners), you are solely responsible for the lawful operation of your messaging, including:

• Obtaining valid, documented consent from every recipient before messaging them;
• Complying with all applicable laws and industry rules, including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines;
• Completing any required carrier and campaign registration (including A2P 10DLC) for the numbers you use;
• Honoring opt-out requests (such as STOP) promptly;
• Not sending content prohibited by carriers, including SHAFT content (sex, hate, alcohol, firearms, and tobacco or cannabis);
• Complying with call-recording and call-monitoring consent laws (including two-party-consent states) for any calls you place, receive, record or transcribe through the Services, including calls handled by AI voice features;
• Scrubbing your telemarketing call lists against the National Do-Not-Call Registry and any applicable state do-not-call lists before placing telemarketing calls, and honoring do-not-call requests;
• Complying with the CAN-SPAM Act for your commercial email, including accurate header and subject-line information, a valid physical postal address and a working unsubscribe mechanism that you honor promptly; and
• Not using purchased, rented or harvested contact lists, and not sending spam.

You, not Roofers Lab, are the sender of and the responsible party for your own messaging programs. We may suspend or limit messaging or other features if we reasonably believe there is abuse, a compliance risk or a violation of these Terms or of carrier requirements.

5. SMS/Text Messaging Terms (Roofers Lab Program)

These terms apply to text messages we send to you under our own messaging program:

1. Program name. The program is operated under the name Roofers Lab.
2. Program description. After you opt in, you may receive account and service messages (such as responses to your inquiry, appointment confirmations and reminders, and support communications). You will receive marketing messages only if you provide separate, optional marketing consent.
3. Opt-out and help. You can cancel at any time by replying STOP; we will send one final message to confirm your unsubscribe, after which we will stop sending program messages. Reply HELP for help, or contact us at support@rooferslab.com.
4. Carrier liability. Carriers are not liable for delayed or undelivered messages.
5. Rates and frequency. Message and data rates may apply. Message frequency varies.
6. Privacy. For information on how we handle your data, see our Privacy Policy.

6. AI Disclosure

Some communications are handled in part by automated AI systems, including an AI texting assistant and an AI voice agent. We disclose when you are interacting with an AI system, and a human handoff is available.

7. Intellectual Property

As between the parties, we retain all rights in the website implementation, the automations, the workflows, the templates, the software and the platform configurations we create or use to provide the Services. You retain ownership of your own content, brand assets and contacts that you provide. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription; on cancellation, the portability terms in Section 3 apply. You grant us the license necessary to host and use your content and brand assets to provide the Services.

8. Third-Party Services

The Services rely on third-party service providers acting on our behalf and may include third-party embedded tools (such as scheduling and communications). Your use of those components may be subject to the third parties' terms. We are not responsible for third-party services that are outside our control.

9. Disclaimer of Warranties

The Services are provided "as is" and "as available," without warranties of any kind, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted, error-free or secure, and we do not guarantee rankings, lead volume or revenue.

10. Limitation of Liability

To the maximum extent permitted by law, Roofers Lab will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any lost profits, revenue, data or goodwill. Our total liability for any claim arising out of or relating to the Services will not exceed the amounts you paid us for the Services in the three months before the event giving rise to the claim.

11. Indemnification

You agree to indemnify, defend and hold harmless Roofers Lab and its service providers from any claims, losses, liabilities and expenses (including reasonable attorneys' fees) arising out of your content, your business, your messaging to your customers or your violation of these Terms or of applicable law.

12. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to Section 13 (Dispute Resolution; Binding Arbitration; Class Action Waiver), any dispute that is not required to be arbitrated, including actions to enforce an arbitration award, claims properly brought in small claims court, and requests for injunctive relief described in Section 13, will be brought exclusively in the state and federal courts located in Texas, and the parties consent to their jurisdiction.

13. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

Agreement to arbitrate. You and Roofers Lab agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including their formation, interpretation, breach, or termination, and including whether a claim is subject to arbitration, will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs this Section. Judgment on the award may be entered in any court with jurisdiction.

Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies; and (b) seek temporary or preliminary injunctive relief in court to protect intellectual property or confidential information, without waiving arbitration for all other aspects of the dispute.

Class action and jury trial waiver. All disputes must be brought in the parties' individual capacities, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding. BOTH PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY. If a court finds this class action waiver unenforceable as to a particular claim, then that claim (and only that claim) must proceed in court, and the remainder of this Section remains in effect.

Procedure, venue and fees. The arbitration will be conducted in Texas, or by videoconference or written submissions where the AAA rules allow. AAA filing, administrative and arbitrator fees will be allocated under the AAA rules, and each party bears its own attorneys' fees unless applicable law or the AAA rules provide otherwise.

30-day right to opt out. You may opt out of this arbitration agreement (but not the rest of these Terms) by sending written notice to support@rooferslab.com or to our mailing address within 30 days of first accepting these Terms, stating your name, company and intent to opt out of arbitration. Opting out does not affect any other provision of these Terms.

14. Changes to These Terms

We may update these Terms from time to time. We will post the updated version with a new effective date, and your continued use of the Services after changes take effect constitutes acceptance.

15. Data Processing

If we process personal information about your customers (for example, homeowners) on your behalf to provide the Services, that processing is governed by our Data Processing Addendum, which is incorporated into and forms part of these Terms. By using the Services, you agree to the Data Processing Addendum.

16. Contact Us

Kraken OS LLC (DBA Roofers Lab)
5900 Balcones Drive STE 100, Austin, TX 78731, USA
Email: support@rooferslab.com