These terms are the agreement between you and DuctWright ("we") for using DuctWright, our software for HVAC businesses. By creating an account you agree to them.
DuctWright helps you manage customers, equipment, quotes, invoices, scheduling and maintenance agreements. We may change or improve features over time.
Give us accurate information and keep your password private. You are responsible for what happens under your account, including the people you invite to it. You must be at least 18 and authorized to bind your business.
You own the information you put into DuctWright, including your customers' details. You give us permission to store and process it only to run the service for you. You promise that you have the right to store it and use it this way.
DuctWright can send emails and text messages to your customers on your behalf. You are responsible for having your customers' permission and for following the laws that apply to those messages, including consumer-protection rules for texts and email. Don't use DuctWright to send spam or misleading messages.
DuctWright does not process payments between you and your customers. You collect payment however you already do, and you can record it on an invoice. We aren't responsible for those payments.
If you connect QuickBooks, Twilio or similar services, you do it with your own accounts, and your use of them is covered by their terms. You pay their charges, for example text-message fees from your Twilio account. We aren't responsible for outages or changes at those companies.
Don't break the law, attack or overload the service, try to reach other customers' data, reverse-engineer the software, or resell access without our written permission.
DuctWright, including its software, design and content, belongs to us and our licensors. While you have an active account, we give you a limited, non-exclusive right to use it for your business. You keep ownership of your data (section 4). If you send us ideas or feedback, we may use them freely, without paying you or crediting you.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL ALWAYS BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE.
We work to keep DuctWright running, but keep your own records of anything critical to your business.
TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, SUCH AS LOST PROFITS, LOST JOBS OR LOST DATA, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM.
Some places don't allow these limits, so they may not apply to you. Nothing here limits liability that the law does not allow us to limit.
You agree to defend us against, and pay for, claims brought by a third party (and the related costs and reasonable legal fees) that arise from your data or content, your messages to your customers, your breach of these terms, your violation of anyone's rights, or your unlawful conduct. This does not apply to claims caused by our own fraud or intentional misconduct.
You can stop using DuctWright and cancel any time. We may suspend or end your account if you break these terms or use the service in a way that harms others. To export or delete your data, contact us at support@ductwright.com.
Talk to us first. Email support@ductwright.com and give us 30 days to try to fix the problem.
Arbitration. If we can't resolve it, any dispute about these terms or the service will be decided by binding arbitration, not in court. It will be run by JAMS under its rules and held in the county where DuctWright has its principal place of business, or by phone or video if you prefer. A court that has jurisdiction may enforce the arbitrator's decision.
No class actions. You and we may bring claims only on an individual basis, not as a plaintiff or class member in any class or group action. The arbitrator may not combine claims. If this part is found unenforceable for a particular claim, that claim will go to court instead.
YOU GIVE UP THE RIGHT TO A JURY TRIAL AND TO GO TO COURT, EXCEPT FOR SMALL CLAIMS COURT AND FOR ACTIONS TO STOP MISUSE OF INTELLECTUAL PROPERTY.
Opting out. You may opt out of arbitration by emailing support@ductwright.com within 30 days of creating your account. Include your name, your shop name, and a statement that you opt out.
These terms are governed by the laws of the state where DuctWright is organized, without regard to conflict-of-law rules.
We may update these terms. If a change is significant we'll tell you before it takes effect. Continuing to use DuctWright after that means you accept the new terms.
Questions about these terms: support@ductwright.com.