These Terms and Conditions (“Terms”, “Agreement”) constitute a legally binding agreement between HVACWard Inc. (“HVACWard”, “Company”, “we”, “us”, or “our”) and the business entity or individual (“Contractor”, “Subscriber”, “Customer”, “you”, or “your”) accessing our website, subscribing to our services, or utilizing our AI voice receptionist and telephony dispatch platform.

By executing an order form, initiating an onboarding configuration, forwarding telephone traffic to an HVACWard designated telephone number, or accessing the HVACWard dashboard, you represent that you have the authority to bind your business and agree to all provisions contained herein. If you do not agree to these Terms, you may not access or use the platform.

1. Services Provided

HVACWard provides an automated, managed conversational artificial intelligence voice receptionist platform engineered specifically for heating, ventilation, and air conditioning contractors. The platform includes:

  • Automated Call Answering: Answering inbound customer telephone calls within two rings, 24 hours a day, 7 days a week, 365 days a year.
  • Emergency Triage & Intake: Conversational qualification of heating and cooling breakdowns, equipment symptoms, service address verification, and homeowner urgency.
  • Direct Calendar Synchronization: Direct integration with contractor scheduling software, including Jobber, Google Calendar, and ServicePro, to insert confirmed appointments into available technician dispatch windows.
  • Dispatch Notifications & Summaries: Real-time delivery of call audio recordings, structured text transcripts, and urgent technician alert notifications via SMS and email.

2. Subscription Plans and Fees

The specific features, call answering volumes, and integration capabilities applicable to your account are governed by your selected subscription plan:

  • Starter Plan ($500/month): Dedicated backup AI voice answering for missed, after-hours, and overflow calls, standard lead qualification, email and SMS notifications, and human escalation routing. Plus a one-time onboarding and setup fee of $1,000.
  • Growth Plan ($700/month): Everything in Starter, plus smart IVR department routing, separate business-hours vs. after-hours call flows, custom shop rules, bilingual English & Spanish handling, priority support, and direct calendar dispatch. Plus a one-time onboarding and setup fee of $1,350.
  • Scale Plan ($1,000/month): Complete inbound voice operations, custom conversion-focused website capture, automated chat integration, advanced dispatch workflows, and dedicated account engineering. Plus a one-time onboarding and setup fee of $1,500.

Billing Cycle: Recurring subscription fees are billed monthly in advance via authorized credit card or ACH transfer. Setup fees cover custom prompt engineering, phone carrier provisioning, calendar integration testing, and live verification calls, and are earned upon account deployment.

Month-to-Month Flexibility & Cancellation: All standard plans operate on a month-to-month basis with no long-term restrictive lock-in contracts. Either party may cancel the subscription at any time upon providing thirty (30) days’ advance written notice (contact details will be added soon) or via the contractor dashboard.

3. Phone Line Forwarding and Telephony Setup

Contractor is responsible for configuring call forwarding from its telecommunications provider (e.g., conditional forward on busy/no-answer, after-hours forward, or immediate rollover) to the designated DID routing number provided by HVACWard during onboarding.

  • Authority over Forwarded Lines: You represent and warrant that you own or possess full legal authorization to forward all telephone numbers routed to HVACWard.
  • Carrier Charges: Contractor remains solely responsible for any call forwarding, carrier interconnection, or line fees charged by Contractor’s underlying telephone provider.
  • Onboarding Validation: HVACWard completes onboarding within 72 hours of receiving contractor intake details. Contractor agrees to participate in a live test verification call before routing live customer call traffic.

4. Contractor Responsibilities and Field Operations

HVACWard provides front-end telephone intake and scheduling automation. Contractor acknowledges and agrees that:

  • Accuracy of Business Rules: Contractor is solely responsible for ensuring the accuracy of all business parameters provided to HVACWard, including service area zip codes, operating hours, pricing quotes, diagnostic fee policies, technician availability, and escalation contacts.
  • Service Execution & Licensing: Contractor remains solely responsible for holding all required state and municipal HVAC contractor licenses, trade certifications, and insurance. HVACWard is not a licensed trade contractor and performs no physical field work.
  • Final Customer Discretion: All customer service commitments, warranty evaluations, physical diagnoses, and pricing quotes agreed to on-site remain at Contractor’s sole discretion and responsibility.

5. Artificial Intelligence Disclosures & Operational Limitations

Contractor acknowledges that HVACWard uses automated natural language processing and synthetic speech generation:

  • Automated AI Identification: To comply with consumer protection regulations and state laws (such as the California BOT Act), the voice agent informs callers upon connection that it is an automated assistant.
  • Acoustic & Semantic Variability: While HVACWard’s voice models are engineered for high accuracy, voice recognition accuracy can be impacted by heavy background ambient noise, cellular distortion, heavy regional accents, or complex technical jargon. HVACWard provides structured transcripts and recordings so Contractor staff can verify all appointment details.
  • Human Escalation Fallback: When a caller specifically requests a human agent or describes an issue outside the agent’s programmed scope, the system executes configured transfer protocols to Contractor’s designated backup line.

6. Critical Emergency & Life-Safety Disclaimer

HVACWARD IS NOT AN EMERGENCY DISPATCH SERVICE OR PUBLIC SAFETY ANSWERING POINT (PSAP). DO NOT USE THE PLATFORM AS A SUBSTITUTE FOR 911 EMERGENCY SERVICES.

In situations involving active gas leaks, carbon monoxide alarms, smoke, fire, electrical arcing, structural flooding, or severe physical injury, HVACWard voice agents are programmed to advise callers to evacuate immediately and dial 911 or their local utility emergency hotline. HVACWard disclaims all liability for any loss, damage, injury, or death arising from life-safety emergencies, gas leaks, carbon monoxide exposure, or environmental hazards occurring at customer properties.

7. Telephony Infrastructure & Service Level Goals

HVACWard targets a 99.98% voice telephony pipeline availability, backed by redundant cloud server nodes and tier-1 SIP telecom trunks. However, Contractor acknowledges that telephony delivery relies on third-party telecommunications networks, public Internet backbones, and third-party software APIs (including Jobber, Google Calendar, and ServicePro). HVACWard is not liable for service interruptions caused by upstream carrier fiber cuts, regional cellular outages, or third-party CRM API downtime beyond our reasonable control.

8. Compliance with TCPA and Recording Laws

Contractor and HVACWard mutually agree to comply with the Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227), state wiretap statutes, and all applicable telecommunications regulations. HVACWard’s automated audible recording notice ensures that every call is conducted in compliance with dual-party consent requirements across all jurisdictions.

9. Intellectual Property and Proprietary Rights

  • HVACWard IP: HVACWard retains exclusive ownership of all software code, proprietary algorithms, conversational workflows, voice agent prompts, trademarks, and user interface designs associated with the platform.
  • Contractor Data: Contractor retains 100% exclusive ownership of all business customer records, technician schedules, customer contact details, and trade data transmitted to the platform. Contractor grants HVACWard a limited, non-exclusive license to process Contractor Data solely as necessary to provide the contracted services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • EXCLUSION OF CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL HVACWARD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE THEORY OF LIABILITY.
  • CAP ON DIRECT DAMAGES: HVACWARD’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CONTRACTOR TO HVACWARD IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

11. Indemnification

Contractor agrees to indemnify, defend, and hold harmless HVACWard and its officers, directors, and employees from and against any third-party claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of Contractor’s physical field services, trade licensing violations, unauthorized call forwarding, or breach of these Terms.

12. Governing Law and Arbitration

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Both parties waive any right to participate in class actions or representative proceedings.

13. Modifications to Terms

HVACWard reserves the right to modify these Terms periodically. Notice of material revisions will be provided via email or posted prominently in the contractor dashboard at least thirty (30) days prior to taking effect. Continued use of the platform following the effective date of revisions constitutes acceptance of the modified Terms.

14. Legal Notices and Contact Information

HVACWard operates as a remote-first technology platform serving heating and air conditioning contractors across the United States. All formal legal notices and inquiries regarding these Terms must be directed to:

  • Legal Department: Will be added soon
  • Customer Support: Will be added soon
  • Toll-Free Phone: Will be added soon
  • Online Inquiries: Contact Us

Physical corporate mailing address: Will be added soon.