Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and QueueCapture (“we,” “our,” or “us”). By engaging QueueCapture's services, signing a client agreement, or using our platform, you agree to these Terms in full.

If you are entering these Terms on behalf of a business, you represent that you have authority to bind that business to these Terms.

2. Description of Services

QueueCapture provides a done-for-you revenue recovery system for HVAC and home service businesses, which may include:

• Automated missed-call text-back and lead follow-up via SMS
• Estimate follow-up and customer reactivation sequences
• AI voice intake for after-hours and overflow calls (where available)
• A client dashboard showing open opportunities, follow-ups, and performance
• Setup, configuration, and ongoing management of the above systems

The specific services provided are defined in your individual client agreement. Services may be added, modified, or discontinued with reasonable notice.

3. SMS Messaging Consent and Compliance

Website Visitors & Prospective Clients

When you submit your phone number through queuecapture.com — including the booking form, contact forms, or audit request — you consent to receive text messages from QueueCapture regarding your inquiry and any scheduled appointments. Message and data rates may apply. Message frequency varies.

• Reply STOP at any time to immediately opt out of all SMS messages from QueueCapture.
• Reply HELP for assistance. You may also contact us at qualeem@queuecapture.com.
• Opt-out requests are honored immediately and automatically. You will not receive further messages after replying STOP.

Client Obligations (HVAC & Home Service Businesses)

You are responsible for ensuring that your business complies with all applicable laws and regulations governing SMS communications, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and applicable state laws. You represent and warrant that:

• You have the legal right to contact the customers whose information you provide to QueueCapture
• All outbound SMS messages sent on your behalf are consistent with applicable consent requirements
• You will promptly notify QueueCapture of any opt-out or unsubscribe requests received through channels outside our platform

QueueCapture's Obligations

• All automated SMS messages include a STOP opt-out instruction and a HELP keyword for support
• Opt-out (STOP) requests are honored immediately and automatically
• All messaging is registered under the A2P 10DLC framework as required by U.S. wireless carriers
• Mobile phone numbers and SMS opt-in data are never sold, rented, or shared with third parties for marketing purposes

Indemnification for SMS Non-Compliance

You agree to indemnify and hold harmless QueueCapture from any claims, penalties, or liabilities arising from your failure to comply with applicable SMS and telecommunications laws.

4. Payment and Billing

Pricing for QueueCapture services is set forth in your individual client agreement. Unless otherwise specified:

• Monthly service fees are billed on a recurring basis at the start of each billing period
• One-time setup fees, if applicable, are due prior to or upon onboarding
• All fees are non-refundable except as expressly stated in your client agreement or these Terms
• We reserve the right to suspend services for accounts more than 15 days past due
• Price changes will be communicated with at least 30 days' notice

Guarantees and Refunds

Where explicitly offered in a client agreement, setup fee refunds for failure to meet the 14-day go-live guarantee, or monthly service credits for failure to meet the 60-second text-back guarantee, will be applied as a credit or refund at QueueCapture's discretion within one billing cycle.

5. Client Responsibilities

You agree to:

• Provide accurate and complete business information during onboarding
• Grant QueueCapture access to necessary accounts and platforms required to deliver services
• Maintain the security of your account credentials
• Notify us promptly of any changes to your business information that affect service delivery
• Use our services only for lawful purposes and in compliance with all applicable laws
• Not use our services to send spam, deceptive messages, or content that violates any law or regulation

6. Acceptable Use

You may not use QueueCapture services to:

• Transmit illegal, harassing, threatening, defamatory, or harmful content
• Violate any federal, state, or local law or regulation
• Send unsolicited commercial messages in violation of the TCPA or CAN-SPAM Act
• Impersonate any person or entity or misrepresent your affiliation
• Attempt to gain unauthorized access to our systems
• Resell, sublicense, or white-label our services without written permission

7. Intellectual Property

All content, software, technology, and materials comprising the QueueCapture platform are owned by QueueCapture or its licensors and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use our platform solely in connection with your authorized use of our services.

You retain ownership of your business data, customer data, and content you provide. By sharing data with us, you grant QueueCapture a limited license to use that data solely to deliver the agreed services.

8. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information received from the other party. This includes but is not limited to customer data, business processes, pricing, and technical systems. This obligation survives termination of the service relationship.

9. Limitation of Liability

To the maximum extent permitted by law, QueueCapture's total liability for any claim arising out of or relating to these Terms or our services shall not exceed the total fees paid by you to QueueCapture in the three (3) months preceding the claim.

QueueCapture shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, or loss of business opportunity, even if advised of the possibility of such damages.

We are not liable for service disruptions caused by third-party platform outages, carrier issues, acts of God, or events beyond our reasonable control.

10. Indemnification

You agree to indemnify, defend, and hold harmless QueueCapture and its founders, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of your: (a) violation of these Terms; (b) violation of any applicable law or third-party rights; (c) use of our services in connection with any unlawful or unauthorized activity; or (d) breach of your representations and warranties.

11. Term and Termination

These Terms remain in effect for the duration of your service agreement. Either party may terminate services with 30 days' written notice unless otherwise specified in your client agreement. QueueCapture may terminate immediately for material breach, non-payment, or violation of applicable law. Upon termination, we will provide reasonable access to export your data for 30 days.

12. Disclaimer of Warranties

Our services are provided “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that services will be uninterrupted, error-free, or that specific results will be achieved.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms shall first be submitted to good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Middlesex County, Massachusetts, under the rules of the American Arbitration Association.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email or client dashboard with at least 30 days' notice. Continued use of our services after the effective date of changes constitutes acceptance of the updated Terms.

15. Contact

For questions about these Terms: