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Terms of Service

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Effective Date: April 1, 2025

Last Updated: April 1, 2025

1. Acceptance of Terms

Welcome to PRO Drywall Repair ("we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of our services, website (https://www.prodrywallrepair.com/), and communications channels (including phone calls and text messages). PRO Drywall Repair is a sole proprietorship.

PLEASE READ THESE TERMS CAREFULLY. BY CONTACTING US, REQUESTING SERVICES, USING OUR WEBSITE [if applicable], OR COMMUNICATING WITH US THROUGH ANY CHANNEL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY [Insert Link to Privacy Policy], WHICH IS INCORPORATED HEREIN BY REFERENCE. If you do not agree to these Terms, do not use our services or communicate with us.

2. Description of Services & Important Disclosures

PRO Drywall Repair offers drywall repair and related services within San Luis Obispo County.

IMPORTANT NOTICE REGARDING CONTRACTOR LICENSE:

PRO DRYWALL REPAIR IS NOT A LICENSED CONTRACTOR IN THE STATE OF CALIFORNIA. California Business and Professions Code section 7027.1 requires contractor licensure for projects exceeding a certain value. We operate under the limitations applicable to unlicensed individuals. We do not perform work requiring a contractor's license if the total project cost (labor and materials) exceeds the legal threshold for unlicensed work. You acknowledge that you are engaging our services with full awareness of our unlicensed status.

USE OF ARTIFICIAL INTELLIGENCE (AI) IN COMMUNICATIONS:

To enhance efficiency and responsiveness, we utilize software employing Artificial Intelligence (AI) technology to assist with managing inbound phone calls and inbound messages received through text-based channels (e.g., SMS, website chat). This AI may be involved in the initial processing, analysis, and preliminary response generation for your communications. Please see Section 4 (AI Communications Disclosure) and Section 6 (Consent to Communications) for more details.

3. User Responsibilities

By using our services or communicating with us, you agree to:

● Provide accurate, current, and complete information as requested for estimates, scheduling, and service provision.

● Use our communication channels (phone, text, email, website [if applicable]) only for lawful purposes related to inquiring about or obtaining our services.

● Refrain from using our communication channels for spamming, harassment, transmitting unlawful, harmful, or offensive content, or any activity that could disrupt or damage our services or systems.

● Acknowledge and consent to the potential use of AI in processing your inbound communications as described in these Terms and our Privacy Policy.

● Understand that determining compliance with local building codes, zoning laws, or HOA requirements for any project is your responsibility. PRO Drywall Repair does not provide architectural, engineering, or code compliance advice.

4. AI Communications Disclosure

● Nature of AI Use: We use AI tools primarily for message triage, preliminary analysis of your requests (e.g., identifying service type, location, urgency from your message), and potentially generating initial automated responses or routing your inquiry appropriately. The goal is to improve response times and efficiency.

● Human Oversight: While AI assists in initial handling, complex inquiries, final estimates, scheduling confirmations, and service decisions are typically reviewed or managed by a human representative of PRO Drywall Repair.

● Response Accuracy Disclaimer: AI interpretations and responses are based on patterns and data. While we strive for accuracy, AI may occasionally misinterpret information or generate responses that are not perfectly accurate or complete. We are not liable for minor inaccuracies solely resulting from AI processing, though we endeavor to correct any significant errors when identified. Final service details and agreements will be confirmed directly.

● Third-Party AI Tools: We may use AI tools provided by third-party vendors. The handling of data by these tools is subject to contractual agreements requiring confidentiality and limited use, as further detailed in our Privacy Policy.

5. Data Handling & Privacy

Your privacy is important to us. Our collection, use, and disclosure of Personal Information, including information processed via AI communications tools, are governed by our Privacy Policy (https://www.prodrywallrepair.com/privacy-policy). Key points include:

● CCPA/CPRA: Our Privacy Policy details your rights under California law regarding your Personal Information.

● Message Retention: Communications records, including those involving AI processing, are retained as described in our Privacy Policy, generally to fulfill service obligations, comply with legal requirements (like TCPA consent records), and for potential AI model improvement (see Section 6).

● AI Training Data: User communications may be used in an aggregated or anonymized form to train and improve the accuracy and effectiveness of the AI systems we use, solely for the purpose of enhancing our customer communication processes. This is done in accordance with our Privacy Policy and applicable laws. You consent to this use by communicating with us.

6. Consent to Communications (Including AI Processing & TCPA)

By providing us with your phone number (mobile or landline) and/or initiating text-based communication, you expressly consent to:

● Receive Communications: Receiving communications from PRO Drywall Repair related to your inquiries, estimates, scheduling, project updates, service follow-ups, and billing. These communications may be made via phone calls (including prerecorded messages or artificial voice calls) and text messages (SMS/MMS).

● AI Processing: Your inbound communications via phone and text being processed, analyzed, and potentially responded to initially using the AI technologies described in Section 4. Your initiation of or response to communication constitutes acknowledgment and acceptance of this AI processing.

● TCPA Compliance: Receiving autodialed and/or prerecorded/artificial voice calls and text messages at the number(s) provided. You understand that message and data rates may apply. Your consent is not a condition of purchasing any goods or services.

● Opt-Out: You may opt-out of receiving text messages at any time by replying STOP to any message. You may opt-out of non-essential phone calls by informing our representative or contacting us via the methods in Section 12. (Note: Opting out may impede our ability to provide timely service updates).

● Global Privacy Control (GPC): We recognize GPC signals as valid requests to opt-out of potential future "Sale" or "Sharing" under CCPA/CPRA and potentially as an opt-out request for certain communications, as detailed in our Privacy Policy.

7. Disclaimers of Warranties

● UNLICENSED CONTRACTOR: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PRO DRYWALL REPAIR IS NOT A LICENSED CONTRACTOR IN CALIFORNIA AND OPERATES UNDER THE LEGAL LIMITATIONS THEREOF.

● "AS IS" BASIS: OUR SERVICES AND ANY INFORMATION PROVIDED (INCLUDING VIA AI COMMUNICATIONS) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

● NO WARRANTIES: TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

● NO PROFESSIONAL ADVICE: WE DO NOT PROVIDE LICENSED ENGINEERING OR ARCHITECTURAL ADVICE. ANY SUGGESTIONS RELATED TO REPAIRS ARE BASED ON OUR EXPERIENCE IN DRYWALL REPAIR ONLY. COMPLIANCE WITH BUILDING CODES AND STRUCTURAL INTEGRITY IS OUTSIDE THE SCOPE OF OUR UNLICENSED SERVICES.

8. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

● NO INDIRECT DAMAGES: IN NO EVENT SHALL PRO DRYWALL REPAIR OR ITS OWNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; (III) ANY CONTENT OBTAINED FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (V) ANY ERRORS OR OMISSIONS IN INFORMATION PROVIDED, INCLUDING THOSE RESULTING FROM AI PROCESSING.

● LIABILITY CAP: IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PRO DRYWALL REPAIR EXCEED THE AMOUNT YOU PAID US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER.

● UNLICENSED STATUS: WE SPECIFICALLY DISCLAIM LIABILITY FOR ANY CLAIMS ARISING DIRECTLY OR INDIRECTLY FROM OUR UNLICENSED STATUS WHERE A LICENSE WOULD NORMALLY BE REQUIRED BY CALIFORNIA LAW. YOUR AGREEMENT TO USE OUR SERVICES CONSTITUTES ACCEPTANCE OF THIS LIMITATION.

● AI ERRORS: WE DISCLAIM LIABILITY FOR DAMAGES ARISING SOLELY FROM MINOR INACCURACIES OR MISINTERPRETATIONS MADE BY THE AI COMMUNICATION TOOLS, PROVIDED WE TAKE REASONABLE STEPS TO VERIFY CRITICAL INFORMATION AND CORRECT SIGNIFICANT ERRORS.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Arbitration Agreement and Class Action Waiver

Any dispute arising from or relating to these Terms, the services provided, or any transaction between you and PRO Drywall Repair shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in San Luis Obispo County, California. By agreeing to these Terms, you waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions to Arbitration: Notwithstanding the above, either party may bring an individual action in small claims court for disputes that fall within the jurisdiction of such courts.

Process for Resolving Disputes

● Negotiation: Before initiating arbitration, the parties agree to attempt to resolve any dispute informally through good-faith negotiations. Either party may initiate this process by providing written notice of the dispute to the other party.

● Arbitration: If negotiation fails, disputes will be resolved via arbitration as outlined above. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

● Costs: Each party shall bear its own costs for arbitration, except as otherwise required by AAA rules or applicable law.

Limitation of Liability

To the extent permitted by law, PRO Drywall Repair shall not be liable for any indirect, incidental, or consequential damages arising out of or related to your use of services provided under these Terms.

Compliance with California Law

PRO Drywall Repair operates in compliance with California regulations governing unlicensed contractors. As of January 1, 2025, PRO Drywall Repair provides services limited to $1,000 or less per project, including labor and materials, as permitted under California law.

10. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by updating the "Last Updated" date at the top of these Terms and/or by other means (e.g., posting a notice on our website). Your continued use of our services or communication channels after such modifications constitutes your acceptance of the revised Terms.

11. Term and Termination

These Terms are effective until terminated by either you or us. We may terminate or suspend your access to our services or communication channels at any time, for any reason, including for violation of these Terms. You may cease using our services at any time. Sections concerning Disclaimers, Limitations of Liability, Governing Law, and Privacy shall survive any termination.

12. Contact Information

If you have any questions about these Terms of Service, please contact PRO Drywall Repair at:

● Email: [email protected]

● Phone: (805) 549-4506
● Mail: 10469 Atascadero Ave. , Atascadero CA 93422

13. Miscellaneous

● Entire Agreement: These Terms and the incorporated Privacy Policy constitute the entire agreement between you and PRO Drywall Repair regarding the subject matter hereof.

● Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

● No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.