theBuildd Terms of Service

1. Agreement and acceptance

These Terms of Service ("Terms") are a binding agreement between SMJ Consulting Group LLC, a Connecticut limited liability company doing business as theBuildd ("theBuildd," "we," "us"), and the business or person purchasing or using our services ("Client," "you").

You accept these Terms by checking the acceptance box at checkout, signing an order form, submitting payment, or using the services. If you accept on behalf of a company, you represent that you have authority to bind it, and "you" includes that company.

Business use only. Our services are sold only to businesses and contractors for commercial purposes, not to consumers for personal, family, or household use. You must be at least 18 years old.

Orders. Your plan, price, billing cadence, add-ons, and territory are set in your checkout page, invoice, or order form (the "Order"). The Order and these Terms together form the "Agreement." If they conflict, the Order controls only as to price, plan, and territory.

Acknowledgment of purchase. By completing a purchase, you confirm that you:

1. knowingly and voluntarily purchased the plan, price, add-ons, and billing cadence in your Order;
2. authorized the charge to your payment method;
3. read and understood these Terms, including the no-guarantee terms (Section 3), the no-refund policy (Section 5), the 10-day cancellation notice (Section 6), and the chargeback terms (Section 7);
4. had the opportunity to ask questions before paying; and
5. did not rely on any promise, estimate, or statement by theBuildd or its sales team that is not written in this Agreement.

2. The services

theBuildd sources opted-in homeowner inquiries ("leads") in your trade and territory and delivers them to you by text and email. Depending on your Order, services may also include:

• Dispatching: our call team attempts to contact leads and, where reached, qualifies them against the criteria agreed in your Order, then live transfers them or books an appointment.
• SEO: local search services provided through a third-party partner.
• Trial: a one-time, limited campaign to test the service.

Opt-ins and qualified leads. Every lead we deliver begins as an opt-in: a homeowner who requested contact about work in your trade and territory. An opt-in is what creates the opportunity for a qualified lead; it is not itself a qualified lead. A lead becomes qualified only after someone reaches the homeowner and confirms the criteria agreed in your Order. Where your Order includes Dispatching, our call team performs that qualifying step. Without Dispatching, your office performs it. We do not guarantee that any opt-in will be reached, will become a qualified lead, or will result in an appointment or job.

Exclusivity. During an active, paid subscription, we will not sell the same lead to another theBuildd client in your reserved territory and trade. Exclusivity does not mean a homeowner has not contacted, or will not contact, other contractors on their own or through other sources.

Estimates. Lead volumes, delivery times, and contact rates shown on our website, in proposals, or on calls are good-faith estimates based on past campaigns. They are not promises or minimums.

How we deliver. We may change our advertising sources, methods, vendors, and staff at any time, as long as the core service in your Order continues.

3. No guarantee of results

THEBUILDD DOES NOT GUARANTEE ANY SPECIFIC NUMBER OF LEADS, CONTACT RATE, APPOINTMENTS, SALES, REVENUE, SEARCH RANKINGS, OR RETURN ON INVESTMENT.

You acknowledge and agree that:

1. A lead is an inquiry from a homeowner who opted in to be contacted. It is not a customer, a sale, or a commitment to hire.
2. Homeowners may not answer, may change their minds, may give inaccurate information, or may choose another contractor.
3. Results depend on factors outside our control, including how fast you call, your sales process, your pricing, your reviews, seasonality, weather, and local market conditions.
4. Testimonials, case studies, and past results describe other clients' experiences and do not predict yours.
5. A lead is "delivered" when we send it to the phone number or email you gave us, whether or not you open, call, or reach it.
6. Being unable to reach a lead, or a lead that does not buy, is not a defective lead and is not grounds for a refund or credit.

You are purchasing access to our lead generation process and effort for the billing period, not a guaranteed outcome.

4. Payment, billing, and automatic renewal

Paid in advance. All fees are due before each billing cycle begins. Your campaign starts after payment clears and you provide the onboarding information we request. Delays caused by you do not extend your cycle or entitle you to a credit.

Automatic renewal. Weekly, bi-weekly, and monthly subscriptions renew automatically on the same billing date each cycle, at the then-current price, until you cancel under Section 6. You authorize theBuildd and its payment processor (Stripe) to charge your payment method on file each cycle without further approval.

Split or custom payment plans. If we agree to split a payment into installments, every installment is owed in full on its due date, even if you cancel or stop using the services before then.

Promo codes. Promotional pricing applies only as stated, only to the plans named, cannot be combined, and may end at any time. Promo pricing is not reinstated if you cancel and later return.

Failed or late payments. If a payment fails or is late, we may pause lead delivery and release your territory immediately. Unpaid amounts accrue a late charge of 1.5% per month, or the maximum allowed by law if lower. You are responsible for our reasonable collection costs and attorneys' fees.

Price changes. We may change prices with at least 30 days' written notice. The new price applies starting with your next billing cycle after the notice period.

Taxes. Prices exclude any applicable taxes, which you are responsible for.

5. No refunds; lead replacement policy

ALL FEES ARE NON-REFUNDABLE.

This includes trial fees, the first and every later billing cycle, installments, add-ons (dispatching and SEO), promotional purchases, partial cycles, and unused leads. We do not give prorated refunds on cancellation, suspension, or termination, except as stated in Section 6 or below.

You understand why: when a cycle begins, we commit advertising spend, labor, and vendor costs, and we remove your territory from sale to other contractors.

Refunds at our discretion. theBuildd may, in its sole discretion, issue a full or partial refund or credit for a reason it considers justified. Any such refund is a one-time courtesy. It does not waive this Section, create any obligation to refund in the future, or apply to any other charge or client.

Lead replacement is your sole remedy. A lead is eligible for replacement only if:

• the phone number is disconnected, invalid, or belongs to someone who never opted in;
• it duplicates a lead we delivered to you in the prior 60 days;
• the property is outside your reserved territory or the service requested is outside your trade; or
• the person states they are not the homeowner, if homeowner status was part of your campaign's qualifying criteria.

A lead is not eligible if the homeowner does not answer, is not interested after contact, is price shopping, misses an appointment, or does not hire you.

To request a replacement, email support@thebuildd.com within 72 hours of delivery with the lead's name and the reason. We decide eligibility in good faith. Approved replacements are delivered within a reasonable time, which may fall after your cycle ends. Replacements are never paid out as cash, refunds, or account credits.

6. Cancellation and termination

10 days' written notice. To cancel, email billing@thebuildd.com with your business name and plan at least 10 calendar days before your next billing date. Notice by phone, text, social media, or to an individual team member does not count. We will confirm receipt in writing within 2 business days; keep that confirmation.

Late notice. If we receive notice fewer than 10 days before your next billing date, that next cycle will be charged and delivered in full, and cancellation takes effect at the end of it.

Example: you are billed on the 15th of each month. Notice received by the 5th stops the charge on the 15th. Notice received on the 8th means you are charged on the 15th, receive that month of service, and are not charged again.

Weekly and bi-weekly plans. The same 10-day rule applies, so a weekly client will usually be billed for one or two more weeks after giving notice.

After cancellation. Service continues through the end of the last paid cycle. No refunds are due for the remaining time. Your territory is then released and may be sold to another contractor; we cannot guarantee it will be available if you return. Cancelling does not cancel amounts already owed.

Our right to suspend or terminate. We may suspend or terminate your services immediately, without refund, if you miss a payment, file a chargeback, breach this Agreement, misuse leads, or are abusive to our team. We may also end the Agreement for any other reason with written notice; in that case only, we will refund the unused, prepaid portion of your current cycle, prorated by day.

7. Chargebacks and payment disputes

Contact us first. Before disputing any charge with your bank or card issuer, you agree to email billing@thebuildd.com and give us 10 business days to resolve the issue.

Authorized charges. You acknowledge that charges made under this Agreement are authorized by you and are non-refundable. Disputing an authorized charge for services delivered under these Terms is a breach of this Agreement.

If you file a chargeback, you agree that:

1. We may immediately suspend all services and release your territory.
2. We may submit this Agreement, your acceptance record (including date, time, and IP address), your Order, lead delivery logs, call and message records, and our communications with you to the payment processor and your bank as evidence.
3. You remain responsible for the full disputed amount, plus a $50 administrative fee per dispute, any processor fees, and our collection costs and reasonable attorneys' fees.
4. Unpaid amounts may be referred to collections, and we may decline to do business with you in the future.

Unrecognized charges. Charges appear on your statement as THEBUILDD with our phone number. If you don't recognize a charge, call 860-758-8094 before contacting your bank.

8. Your responsibilities

Accurate information. You will give us accurate details about your business, trade, territory, and contact information, and tell us promptly about any change. We are not responsible for leads sent to outdated contact details you provided.

Working your leads. You are responsible for contacting leads promptly. We strongly recommend calling within 15 minutes of delivery; lead quality drops quickly after that.

Legal compliance. You are solely responsible for making sure your own calls, texts, and emails to leads comply with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, CAN-SPAM, state telemarketing and do-not-call laws, and any other applicable law. You will honor every opt-out request immediately.

Licensing and your work. You represent that you hold all licenses, registrations, and insurance required for your trade. theBuildd does not perform, supervise, or guarantee any work you do for a homeowner.

Use of leads. Leads are licensed to you for your own business only. You may not resell, share, or transfer them to anyone else. You will protect homeowners' personal information and use it only to respond to their inquiry.

Non-solicitation. During the Agreement and for 12 months after, you will not hire or directly engage any theBuildd employee or contractor, including callers and dispatchers, without our written consent.

Conduct. You will treat our team respectfully. Abusive or threatening communication is grounds for immediate termination under Section 6.

9. Intellectual property, SEO, and third parties

Our materials. Our systems, ad creative, landing pages, scripts, processes, and software remain the property of theBuildd and its partners. You receive only a limited right to use delivered leads under Section 8.

SEO services. SEO is provided through a third-party partner. Search engines control rankings and change their algorithms without notice, so no ranking, traffic, or timeline is guaranteed. Once your account is paid in full, you may keep content published on your own website; templates, tools, and methods remain ours or our partner's.

Third-party platforms. Our services rely on third parties such as ad platforms, phone carriers, CRMs, and payment processors. We are not responsible for their outages, policy changes, or message filtering, and these do not entitle you to a refund.

Confidentiality. Our pricing, proposals, and processes are confidential. You will not share them outside your business.

Client reference. Unless you opt out in writing, we may name your business as a client. We will not publish a testimonial or results about you without your permission.

10. Disclaimers, liability limits, and indemnification

Disclaimer of warranties. THE SERVICES AND ALL LEADS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, THEBUILDD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF RESULTS.

Limitation of liability. TO THE FULLEST EXTENT ALLOWED BY LAW, THEBUILDD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST JOBS, OR LOST REVENUE. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE FEES YOU PAID US IN THE ONE (1) MONTH BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Indemnification. You will defend, indemnify, and hold harmless theBuildd, SMJ Consulting Group LLC, and their owners, employees, contractors, and partners from any claim, fine, or cost (including attorneys' fees) arising from your contact with leads, your work for homeowners, your violation of any law (including the TCPA), or your breach of this Agreement.

Events outside our control. We are not liable for delays or failures caused by events beyond our reasonable control, including platform outages, carrier filtering, natural disasters, or changes in law.

11. Disputes and governing law

Informal resolution first. Before starting any formal proceeding, the party with a complaint must send written notice describing it, and both parties will try in good faith to resolve it within 30 days.

Binding arbitration. Any dispute that is not resolved informally will be decided by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, held virtually or in Hartford County, Connecticut. Either party may instead bring an individual claim in small claims court, and theBuildd may bring an action in court to collect unpaid fees.

No class actions; no jury. Claims may be brought only individually, not as a plaintiff or class member in any class or representative proceeding. Both parties waive the right to a jury trial.

Attorneys' fees. The prevailing party in any arbitration or court action is entitled to its reasonable attorneys' fees and costs.

Time limit. Any claim against theBuildd must be brought within one (1) year after it arises, or it is permanently barred.

Governing law. This Agreement is governed by the laws of the State of Connecticut, without regard to conflict-of-law rules.

12. General terms

Changes to these Terms. We may update these Terms by posting a new version on thebuildd.com and emailing active clients. Changes take effect at the start of your next billing cycle. Continuing your subscription after that is acceptance.

Electronic acceptance and notices. Checking a box, clicking to accept, or signing electronically is as binding as a handwritten signature. Notices to you go to the email on your account; notices to us go to legal@thebuildd.com.

Entire agreement. This Agreement is the complete agreement between us and replaces any prior statements, including website copy, sales calls, and proposals. Changes must be in writing and accepted by theBuildd.

Other terms. If any part of this Agreement is unenforceable, the rest remains in effect. Our failure to enforce a term is not a waiver. You may not assign this Agreement without our consent. Sections 3, 5, 7, 8, 9, 10, and 11, and all payment obligations, survive termination.

13. Contact