Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the AmpedUpSites web application (the “Service”). By accessing or using the Service, you agree to these Terms. If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.

1. Who We Are

The Service is operated by Vigorous Software Inc. (“AmpedUpSites”, “we”, “us”, “our”). Our mailing address is 3219 Yonge Str #325, Toronto ON M4N 2L3, Canada. You can contact us at [email protected] or +16473702399.

2. Eligibility

The Service is intended for business use. You must be at least 18 years old to use the Service.

3. Accounts

• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activity that occurs under your account.
• You must provide accurate information and keep it up to date.

4. Subscription, Billing, and Cancellation

The Service is offered on a month-to-month subscription basis. Current pricing for the MVP plan is $149/month, unless otherwise stated in writing.

• Automatic renewal: subscriptions renew automatically until cancelled.
• Cancellation: you may cancel at any time. Cancellation takes effect at the end of your then-current billing period. We do not prorate or refund partial billing periods (except as described in the Guarantee Terms below).
• Refunds: except as described in the Guarantee Terms below (if applicable), fees are non-refundable once paid.
• Taxes: listed prices exclude applicable taxes unless stated otherwise. We may charge and collect taxes as required by law.
• Payment processing: we use third-party payment processors (e.g., Stripe). Your payment may be subject to the processor’s terms and privacy policy.

5. Guarantee Terms

The guarantees below apply only to active, paying subscriptions for AmpedUpSites electrician websites and are subject to the conditions in this section.

5.1 Definitions

For the purposes of these Guarantee Terms:

• "AmpedUpSites", "we", "us", and "our" mean AmpedUpSites and its affiliated entities.
• "Client", "you", and "your" mean the subscribing electrician business identified in the Proposal or Service Agreement.
• "Monthly Fee" means the recurring subscription fee you pay for the AmpedUpSites service (excluding any add-ons, paid media, or third-party costs).
• "Go Live Date" means the date on which all of the following are true: (a) your AmpedUpSites website is publicly reachable by customers (either on your chosen domain name, or on a temporary AmpedUpSites-provided live address if you are not ready to point your domain yet); and (b) the tracking phone number(s) and lead capture forms provided by AmpedUpSites are active on the site.
• "Lead" means any of the following, recorded by our systems: (a) a unique inbound phone call to a tracking number that we provide and that appears on your AmpedUpSites site; or (b) a unique inbound SMS/text message to a tracking number that we provide and that appears on your AmpedUpSites site; or (c) a form submission on your AmpedUpSites site that includes a valid phone number.
• "Eligible Month" means a calendar month in which: (a) your account is in good standing (no overdue invoices); and (b) your AmpedUpSites site has remained live and publicly reachable; and (c) your Google Business Profile / Google Maps listing has continuously pointed to your live site in the Website field (when applicable); and (d) our tracking phone number(s) and lead capture forms have remained visible and functional on the site.
• "Service Credit" means a credit equal to one (1) Monthly Fee applied to a future invoice.

5.2 30-Day Money-Back Guarantee

• If, for any reason, you are not satisfied within thirty (30) days of the Go Live Date, you may request a full refund of your first Monthly Fee.
• This guarantee is no-questions-asked, but it applies once per Client. We may, at our discretion, deactivate your AmpedUpSites website and related services if a refund is granted under this section.
• To claim this guarantee, you must notify us in writing (email is sufficient) within thirty (30) days of the Go Live Date.

5.3 Lead Protection Guarantee (Ongoing)

For each Eligible Month after the initial 30-day period:

• If your AmpedUpSites site generates zero (0) Leads during that Eligible Month, we will issue a Service Credit equal to your Monthly Fee for that month.
• Service Credits are limited to two (2) Eligible Months per rolling twelve (12) month period, are non-refundable, and may only be applied against future Monthly Fees.

This guarantee only applies where:

1. You continue to use the tracking phone number(s) and lead capture forms provided by AmpedUpSites in all primary call-to-action locations on the site.
2. You do not replace or remove our tracking numbers or forms without first confirming, via the AmpedUpSites admin panel, that you understand this will void the Lead Protection Guarantee for any future months.
3. You have not blocked or disabled our tracking numbers at your carrier or phone system level.

We count spam, robocalls, and wrong numbers as Leads for the sole purpose of determining whether at least one Lead occurred in an Eligible Month.

5.4 Storm Pause Promise (Florida / Disaster Relief)

If a state of emergency or official hurricane / severe storm warning is declared for the county in which your primary business address is located, your business operations are materially interrupted or temporarily closed as a result, and you notify us in writing within thirty (30) days of that disruption, then you may request a Storm Pause.

• Under a Storm Pause, we will either pause billing for your AmpedUpSites subscription for up to two (2) billing cycles in any rolling twelve (12) month period, or provide equivalent Service Credits, at our discretion.
• Your AmpedUpSites website may remain live during the Storm Pause, unless you request otherwise.

5.5 General Limitations

The guarantees above do not apply in any month where, in our reasonable judgment:

• You materially alter the website, tracking numbers, or lead capture flows in a way that prevents us from measuring Leads; or
• You temporarily take the site offline, redirect it to another domain, or change your Google Business Profile website URL; or
• Your account is suspended for non-payment or violation of these Terms.

Territory exclusivity and any pre-sale “territory hold” or “demo slot” reservation are separate from these Guarantee Terms and do not expand, limit, or modify the refunds or Service Credits described above.

Service Credits cannot be redeemed for cash, are applied to the next invoice(s) after they are granted, and expire if your subscription is cancelled and not reactivated within sixty (60) days.

AmpedUpSites makes no guarantee of any particular revenue, profit, or number of jobs. These guarantees are limited to the specific refunds and Service Credits described above.

5.6 How to Request a Refund, Credit, or Storm Pause

To request a refund under the 30-Day Money-Back Guarantee, a Service Credit under the Lead Protection Guarantee, or a Storm Pause, email us at [email protected] and include your business name and account email, whether you are requesting a refund, Service Credit, or Storm Pause, and the month(s) and circumstances you believe qualify. We will review your request in good faith and typically respond within ten (10) business days.

6. Acceptable Use

You agree not to misuse the Service. For example, you will not:

• Use the Service for unlawful, harmful, or deceptive activities.
• Attempt to access accounts or data that are not yours.
• Interfere with or disrupt the Service, including by automated abuse or excessive requests.
• Reverse engineer, decompile, or attempt to extract source code except to the extent such restriction is prohibited by applicable law.

7. Third-Party Services

The Service may integrate with third-party services (for example: payment processing, SMS/telephony, analytics, and AI providers). Your use of third-party services may be subject to their terms. See Subprocessors & Service Providers for more details.

8. Marketing Communications

We may send you (or your business) service-related messages (such as billing notices and system updates). We may also send marketing communications. You can opt out of marketing emails using the unsubscribe link provided in those emails.

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. TO THE EXTENT LIABILITY IS NOT EXCLUDABLE, OUR TOTAL LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL BE LIMITED TO THE AMOUNT YOU PAID US (IF ANY) FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT.

11. Indemnity

You agree to defend, indemnify, and hold harmless AmpedUpSites and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal and accounting fees) arising out of or in any way connected with your use of the Service or your violation of these Terms.

12. Changes

We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms or through the Service. Your continued use of the Service after changes take effect means you accept the updated Terms.

13. Governing Law and Venue

These Terms are governed by the laws of Ontario, Canada, without regard to conflict of laws principles. You agree that any dispute arising out of or relating to these Terms or the Service will be brought in the courts located in Ontario, Canada, and you consent to the jurisdiction and venue of such courts.

14. Privacy

Our Privacy Policy explains how we collect, use, and share information.