1. Acceptance

These Terms of Service ("Terms") govern use of the website builtrightdigital.us (the "Site") and all services offered by BuiltRight Digital LLC, a Florida limited liability company ("BuiltRight", "we", "us", or "our"). By accessing the Site, submitting a form, placing a call, engaging with our AI voice assistant, or contracting with us for services, you ("you", "Client") accept these Terms in full. If you do not accept these Terms, do not use the Site or engage our services.

These Terms are a legally binding agreement. Read them before you agree.

2. Services offered

BuiltRight provides:

• Custom website design + development for local-service small businesses (roofing, HVAC, tree care, window cleaning, landscaping, and similar contractor trades).
• Ongoing website hosting, monitoring, and maintenance ("Managed Hosting").
• Google Business Profile setup and management.
• Contact form and lead inbox setup.
• Related digital-presence services as defined in each Client's Statement of Work.

A Client who enters into a written Master Services Agreement ("MSA") and accompanying Statement of Work ("SOW") with BuiltRight is subject to the terms of those documents in addition to these Terms. Where the MSA/SOW and these Terms conflict, the MSA/SOW controls for that Client.

3. Pricing and Fees

• Setup fee: a one-time fee paid at project kickoff, project-specific — exact setup fee quoted on your Statement of Work. The exact setup fee for a given Client is stated in that Client's SOW.
• Monthly service fee: a recurring monthly fee for Managed Hosting and ongoing maintenance, project-specific — exact monthly fee quoted on your Statement of Work. The exact monthly fee for a given Client is stated in that Client's SOW.
• No minimum term: the monthly service is month-to-month. A Client may cancel at any time with 30 days' written notice (see §12).
• Billing: setup fee is due at contract signing. Monthly fees are billed on the first of each month and are due on receipt.
• Late payments: accounts more than 30 days past due may have the live site paused (with 7 days' prior written notice). The domain and static export remain the Client's property regardless (see §8).
• Taxes: prices are stated exclusive of any applicable sales or use tax. BuiltRight does not currently believe its core services are subject to Florida sales tax, but if a taxing authority later determines otherwise, BuiltRight will invoice the tax in the following billing cycle.

4. Call recordings, AI voice, consent

• BuiltRight uses an AI voice assistant ("Jake") to place outbound calls to prospective clients at published business phone numbers.
• Recording. Outbound calls may be recorded for quality, training, compliance, and dispute-defense purposes. BuiltRight relies on federal one-party consent (18 U.S.C. §2511(2)(d)) for recordings of calls placed to published business phone lines.
• Two-party consent jurisdictions. If you are located in a two-party consent state (e.g., Florida, Fla. Stat. §934.03(2)(d), and similar provisions in other states) and do not consent to recording, you may say "stop recording", "don't record me", or words to similar effect at any point during the call; BuiltRight will disable the recording for the remainder of that call. Continuing the conversation without objection constitutes your implied consent under those states' equivalent provisions.
• AI disclosure. If you ask whether you are speaking with a human or an AI, our caller will confirm that you are speaking with an AI assistant.
• Your recordings as Client materials: if you become a Client, any audio we record of calls between you and us remains BuiltRight's property, subject to (a) Client access on request, (b) deletion on 30 days' notice after Client cancellation, and (c) our published retention schedule. Recordings are never used to train external AI models or shared with third parties outside the sub-processor list in our Privacy Policy.
• Site visitor consent: by interacting with the Site's chat, contact form, or voice widget (if deployed), you consent to the Privacy Policy and these Terms.

SMS Consent

This section describes how BuiltRight captures SMS consent, what messages we send, and how you opt out. It is referenced by carrier-registration and toll-free verification submissions.

• How we obtain consent. You provide verbal express consent during an outbound call with our AI voice assistant, Jake. When you agree to schedule a 15-minute website review, Jake confirms your preferred mobile number, and your verbal "yes" on that call is your opt-in to receive a single booking-link SMS at that number.
• What we send. Transactional messages only. After you book a meeting on a call, we send one (1) SMS containing a Calendly link to confirm the time. If you later book a follow-up meeting, you may receive a second booking-link SMS tied to that follow-up. We do not send marketing SMS, promotional blasts, or drip sequences via SMS.
• Message frequency. Low — typically 1 message per booked meeting, fewer than 5 messages per recipient per month.
• How to opt out. Reply STOP to any of our SMS messages at any time to stop all further SMS from that sender. Twilio's carrier STOP-filter honors opt-out within 60 seconds. You may also email support@builtrightdigital.us and ask us to suppress your number; we will add you to our internal do-not-contact list on receipt. You may additionally submit our opt-out form at /optout.
• HELP. Reply HELP to any of our SMS messages for customer-service contact information, or email support@builtrightdigital.us.
• Carrier fees. Msg & data rates may apply, per the terms of your mobile carrier plan. BuiltRight does not charge for the SMS itself.
• No SMS without prior consent. We do not send SMS to any number that has not provided verbal opt-in on an outbound Jake call (or, if introduced later, opt-in via a published web form). Your number is not used for any purpose beyond the booking-link SMS described above, and it is not shared, sold, or rented to third parties for their own SMS or marketing use.

5. Acceptable use

You agree that you will NOT:

• Use the Site for any unlawful purpose or in violation of any applicable law.
• Attempt to gain unauthorized access to BuiltRight systems, Client sites, or any back-end.
• Scrape, crawl, or extract data from the Site except as permitted by robots.txt and public APIs.
• Impersonate any other person or entity, or misrepresent your affiliation with any business.
• Upload or transmit malware, viruses, or any code designed to damage BuiltRight or Client systems.
• Use the Site or BuiltRight's services to transmit unsolicited commercial communications, "spam", or bulk unsolicited outreach of any kind.
• Reverse-engineer BuiltRight's templates, backend systems, or code for competitive purposes.

BuiltRight may suspend or terminate access for violation of this section without prior notice.

6. Intellectual property

6.1 What the Client owns (summary — MSA/SOW controls in detail)

Per the MSA:

• The Client owns their domain name, Google Business Profile, original content provided, and all customer data collected on their live Site.
• The Client receives a static HTML/CSS/JS export of their Site on termination (see §12).

6.2 What BuiltRight owns

• The BuiltRight Digital template library, design system, reusable components, CSS framework, and brand.
• All reusable code, scripts, and tooling built as part of BuiltRight's general service offering.
• The BuiltRight build process, sales process, operational systems, and trade secrets.
• The "BuiltRight Digital" name, logo, and brand marks.

You may not copy, reproduce, modify, or distribute any part of the Site or the BuiltRight template library except as expressly permitted by an MSA/SOW.

6.3 Site content

All text, images, logos, graphics, videos, and code on the Site are the property of BuiltRight or its licensors and are protected by US and international copyright and trademark laws. You may not use any Site content for commercial purposes without express written permission.

7. Revision cycles and change requests

• Clients receive 2 rounds of revisions per month as part of the monthly service fee.
• Revisions beyond the included allotment are billed at $95/hour (detail in the Client's SOW).
• "Revision" means a change to existing pages or features that does not require new design, new page templates, or substantial new content creation.
• New page design, new feature builds, and substantial new functionality are scoped as separate projects with their own SOW.

8. No hostage-taking

BuiltRight does NOT withhold, ransom, or use as leverage any domain, content, data, or digital asset belonging to a Client in any dispute, billing disagreement, or cancellation scenario. The transfer obligations in §12 are unconditional and not contingent on any outstanding payment or dispute.

9. Service availability and SLA

• BuiltRight targets 99.5% uptime on Managed Hosting, measured monthly, excluding scheduled maintenance windows and third-party outages beyond our reasonable control.
• Scheduled maintenance is announced at least 48 hours in advance.
• If uptime falls below the SLA in any calendar month, the Client receives a pro-rata credit on the next monthly invoice.
• Support response SLA: 24 business hours for first response to any support inquiry submitted to support@builtrightdigital.us.

10. Warranties and Disclaimers

• BuiltRight warrants that the services will be performed in a professional and workmanlike manner consistent with industry standards.
• BuiltRight warrants that it has the right to provide the services and that delivered work does not knowingly infringe any third-party intellectual property.
• EXCEPT AS EXPRESSLY STATED, THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". BuiltRight disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
• BuiltRight does not warrant that the Site will be uninterrupted, error-free, or secure against all attacks. No internet-connected system is 100% secure.
• BuiltRight does not warrant any particular revenue, lead volume, or business outcome from use of a built website.

11. Limitation of Liability

• CAP: BuiltRight's total aggregate liability arising out of or related to these Terms or any services provided shall not exceed the greater of (a) the total fees paid by the Client to BuiltRight in the 12 months preceding the event giving rise to the claim OR (b) $5,000.
• EXCLUSIONS: BuiltRight is NOT liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost data, lost goodwill, or business interruption, even if advised of the possibility of such damages.
• EXCEPTIONS: the above limitations do NOT apply to (i) BuiltRight's indemnification obligations (below), (ii) damages arising from BuiltRight's gross negligence or willful misconduct, or (iii) claims that cannot be limited by law.

12. Cancellation and termination

• Client-initiated cancellation: the Client may cancel the monthly service by providing 30 days' written notice to support@builtrightdigital.us. No cancellation fee.
• BuiltRight-initiated cancellation: BuiltRight may terminate with 30 days' written notice for any reason, or immediately for cause (material breach, non-payment >60 days, unlawful use).
• What transfers on termination (per MSA §1.3 — BuiltRight does no hostage-taking):
  • Within 7 days: domain name unlocked, transferred to Client's chosen registrar at no cost.
  • Within 14 days: static HTML/CSS/JS export of the Site delivered as a ZIP archive by email or download link.
  • Within 14 days: all Client-provided content (photos, logos, videos, text) returned as a downloadable folder.
  • Within 14 days: all form submissions and customer inquiry data from the Site exported in CSV format.
• What does NOT transfer: the live-managed hosting environment, dynamic features dependent on BuiltRight infrastructure, the BuiltRight template library, reusable code, and third-party service accounts held in BuiltRight's name.
• Recording retention post-termination: see our Privacy Policy at /privacy for the full retention schedule.

13. Indemnification

• You indemnify BuiltRight for any claim arising from (a) content you provided that infringes third-party rights, (b) your violation of these Terms, (c) your violation of any applicable law, or (d) your use of the Site or services in a manner not authorized by these Terms.
• BuiltRight indemnifies you for any third-party claim alleging that BuiltRight's template library or reusable code (not Client-provided content) infringes that third party's US copyright or trademark, provided you give prompt notice and BuiltRight controls the defense.

14. Dispute resolution and governing law

• Governing law: these Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles.
• Venue: any dispute arising out of or relating to these Terms shall be resolved in the state or federal courts located in Hillsborough County, FL, and you submit to the personal jurisdiction of such courts.
• No jury trial: to the maximum extent permitted by law, both parties waive the right to a trial by jury.
• No class actions: you agree to resolve any dispute on an individual basis only. You waive the right to participate in any class action, class arbitration, or representative proceeding.
• Informal resolution first: before filing any formal action, you agree to provide written notice of the dispute to support@builtrightdigital.us and to negotiate in good faith for 30 days.

15. Changes to these Terms

• BuiltRight may update these Terms from time to time. Material changes will be announced at least 30 days in advance via email to active Clients and via a banner on the Site.
• Continued use of the Site or services after the effective date of an update constitutes acceptance of the updated Terms.

16. Contact

Questions about these Terms:

BuiltRight Digital LLC, a Florida limited liability company Florida, USA — mailing address available on request at support@builtrightdigital.us Email: support@builtrightdigital.us Site: https://builtrightdigital.us

17. Miscellaneous

• Entire agreement: these Terms, together with the Privacy Policy and any executed MSA/SOW, constitute the entire agreement between you and BuiltRight.
• Severability: if any provision is held unenforceable, the remaining provisions continue in full force.
• No waiver: failure to enforce any provision is not a waiver of future enforcement.
• Assignment: you may not assign these Terms without BuiltRight's written consent. BuiltRight may assign in connection with a merger, acquisition, or sale of assets.
• Force majeure: neither party is liable for delays or failures caused by events beyond its reasonable control (natural disaster, war, pandemic, internet-wide outage, government action).