
This website (the "Site") is owned and operated by MoonBoosters LLC d/b/a "https://moonboosters.com" ("COMPANY," "we" or "us"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
These Terms of Service govern your access to and use of the Site, and also apply to the services provided under a signed Services Agreement. If you have entered into a separate written Services Agreement with us for paid services, these Terms of Service describe, specify, and supplement those services, including definitions of the terms used in your Services Agreement, the scope and nature of the services, your and our respective responsibilities, acceptable use, intellectual property and content rights, data and communications practices, third-party platform and provider disclaimers, and other operational terms, and such terms shall apply to and form part of your Services Agreement.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
From time to time you may submit content to us, such as testimonials, reviews, comments, photographs, or other materials, whether through the Site, by email or text, or through our social media pages. By submitting any such content, you represent that you own it or have the right to submit it, and that you are eighteen years of age or older. You grant us a royalty-free, non-exclusive, worldwide license to use, copy, modify, publish, display, and distribute that content in connection with operating and promoting our business, including on our website and social media pages. We may identify you as the author of your submission by name, business name, or screen name where appropriate. We have the right, but not the obligation, to use, display, or remove any submitted content at any time and for any reason.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER APPLIES TO YOUR USE OF THE SITE AND ITS CONTENT, AND DOES NOT LIMIT, WAIVE, OR MODIFY ANY EXPRESS GUARANTEE, WARRANTY, OR OBLIGATION SET FORTH IN A SEPARATE SIGNED SERVICES AGREEMENT BETWEEN YOU AND US, WHICH GOVERNS THE PAID SERVICES YOU PURCHASE.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Our paid advertising and lead generation services are provided under a separate written Services Agreement between you and us. The terms of that Services Agreement, including scope of work, fees, payment, guarantees, and refunds, govern those services. This Site is provided for general information and to allow you to learn about and inquire about our services.
If you submit payment information through the Site or a linked payment processor, you agree to be financially responsible for all charges incurred by you or anyone acting on your behalf. You agree to use the Site and to request or purchase services only for legitimate business purposes, and not for any speculative, false, or fraudulent purpose. Where you provide us with information about a third party, such as a client, lead, or contact, you represent that you are permitted to share that information with us.
We may use third-party providers, such as payment processors and advertising platforms, to deliver our services. Those providers may have their own terms and privacy practices, and we are not responsible for their independent policies.
Where you have entered into a signed Services Agreement with us, the service is delivered through a combination of our systems and third-party platforms. You acknowledge and agree to the following terms that specify how the service is provided, how appointments are counted and credited toward any guarantee, your responsibilities, ad spend, billing and disputes, our platforms and systems, and access to them:
Communications and notifications. As part of the service, our systems and our team may contact leads generated for you by email, text message, phone, and Facebook Messenger in order to schedule and confirm appointments. You will receive notifications regarding new leads and booked appointments by email and through a dedicated Slack channel, and booked appointments will be placed into an online calendar we provide. You are responsible for keeping the availability and contact information you provide to us accurate and up to date.
Lead data and consent. You authorize us to contact, on your behalf, the leads generated through your campaigns, and you represent that you are permitted to receive and act on the contact information of those leads. You are responsible for your own handling of, and follow-up with, any lead after it is delivered to you, including compliance with any laws that apply to your business's communications with those leads.
Your responsibilities. The results of the service depend in part on you. You are responsible for maintaining the advertising spend agreed in your Services Agreement, providing any photos, assets, or information we request, keeping your calendar availability accurate and current, and contacting and following up with each lead and appointment promptly. Delays, reduced ad spend, unavailability, or slow follow-up on your part may affect results and are not our responsibility.
Factors outside our control. We generate and book appointments; we do not control what happens after. Your actual sales and revenue depend on factors specific to your business, including your pricing, close rate, service area, reputation, responsiveness, and follow-up. We do not guarantee, and are not responsible for, your conversion of appointments into sales.
Exclusivity. Where appointments or leads are described as exclusive, this means they are generated for you and are not shared by us with another client of ours in your trade and service area. It does not mean, and we do not represent, that a prospect will not independently contact or engage other businesses on their own.
Service area. Appointments and leads are targeted to the service area you provide during onboarding. Any lead or appointment located outside the service area you specified in your onboarding survey does not count toward any guarantee.
No-shows and cancellations. An appointment is counted as delivered, and counts toward any guarantee, once it is booked in accordance with your Services Agreement, regardless of what happens afterward. In every case that follows, the appointment still counts toward the guarantee: where the prospect cancels; where the prospect reschedules; where the prospect fails to attend or no-shows; where the prospect does not proceed; and where you (the Client), or anyone on your behalf, cancel, miss, decline, or are unavailable for the appointment. We do not control whether a prospect keeps, reschedules, cancels, or attends an appointment, and no such outcome reduces the number of appointments credited to us or counts against any guarantee.
Seasonal Periods. Lead volume and booking rates in the home improvement industry are typically lower during the winter season. To account for this, a seasonal appointment rule applies to the months of December and January only. This rule applies to any active partnership that runs for at least 30 days across December and January. The 30 days may fall entirely within one month or be split across both, in any combination that totals 30 or more days (for example, 30 days in December, or 15 days in December and 15 days in January). For any partnership meeting this threshold, the guaranteed minimum number of appointments and the applicable delivery window for December and January are as specified in these Terms of Service. Where the seasonal rule applies, a lead is counted as an appointment toward the guarantee when they confirm interest in booking an appointment with you. A qualifying appointment under this rule does not require the lead to schedule, attend, or complete a booking. This is in addition to, not instead of, leads who do schedule and attend. Leads who book or attend are still counted, and the confirmed-interest standard simply broadens what qualifies during the seasonal period rather than replacing it. This does not mean no leads will schedule or attend during these months; it means that a lead confirming interest is sufficient to count toward the guarantee, whether or not they go on to book. If a partnership is not active for at least 30 days across December and January, whether within one month or combined, the seasonal appointment rule does not apply, and leads who confirm interest are not counted as appointments toward the guarantee on that basis.
Ad spend. Advertising spend is paid to the advertising platforms (such as Meta) and is separate from, and in addition to, our management fee. Advertising spend is your responsibility and is not included in our service fee. Any guarantee in your Services Agreement is conditional on you maintaining the minimum daily advertising spend stated in your Services Agreement continuously throughout the guarantee period. The required total spend for a guarantee period is calculated by multiplying the minimum daily spend by the number of days in that period. For a 30-day guarantee, the minimum daily spend is multiplied by 30; for a 90-day guarantee, it is multiplied by 90. If, during a guarantee period, you underfund, reduce, pause, or stop advertising spend below the required amount, or if advertising is delayed or interrupted for any reason attributable to you, your account, or the advertising platform, the guarantee does not apply for that period, and any days on which the required spend is not maintained do not count toward the guarantee period. Accordingly, the guarantee period is measured in active advertising days, meaning only those days on which advertising is running and the required minimum daily spend is maintained, and not by calendar days elapsed since the date the Services Agreement was signed.
Our platforms and software. All software, systems, CRM, automations, tracking, templates, scripts, dashboards, and related tools we use or provide to deliver the service are and remain our exclusive property. You are granted a limited, non-transferable, revocable right to access and use them only for the duration of, and for the purposes of, your Services Agreement. You obtain no ownership of, or continuing right to, any such software or systems, and your access to them ends when your Services Agreement ends.
Third-party platforms. The service depends on third-party platforms, including advertising, messaging, and calendar providers. We are not responsible for interruptions, changes, policy decisions, account actions, pricing, or availability of those third-party platforms, which are outside our control.
Billing, payment authorization, and disputes. By signing your Services Agreement, you agree to these Terms of Service, and you authorize us and our payment processor to charge the recurring fees set out in your Services Agreement to your payment method on file. You agree that these charges are authorized, are for services you have contracted to receive, and are refundable only if we fail to meet the guarantee set out in your Services Agreement. If you believe you are entitled to a refund, you agree to raise the matter with us directly by email at [email protected] before pursuing any other remedy. Your request must state the reason for the refund and identify the specific provision of your Services Agreement or these Terms of Service that you believe entitles you to a refund. Our team will review your request and typically responds within 48 hours. If our review determines that no provision of your Services Agreement or these Terms of Service entitles you to a refund, we will explain the basis for that determination, and you agree that the charge is valid and for services provided in accordance with your Services Agreement. You agree not to initiate a chargeback, payment dispute, or reversal for services that have been provided in accordance with your Services Agreement, and you acknowledge that initiating a chargeback for such services is a material breach of your Services Agreement. You further agree that our records, communications, and delivery data, including leads and appointments delivered, together with your signed Services Agreement and these Terms of Service, may be submitted as evidence that the services were authorized, contracted for, and provided. In the event you initiate a chargeback for services provided in accordance with your Services Agreement, you agree to remain liable for the disputed amount together with any fees, costs, and reasonable expenses we incur in responding to or reversing the chargeback, and we reserve all rights and remedies available to us to recover those amounts.
The Site may allow you to contact us, submit inquiries, request information, or communicate with our team. You are responsible for any information you submit or send through the Site. As a condition of your use of the Site, you agree that you will not:
● Restrict or inhibit any other user from using and enjoying the Site.
● Use the Site to impersonate any person or entity, or misrepresent your affiliation with a person or entity.
● Interfere with or disrupt the Site, its features, or the servers or networks used to provide it.
● Gain or attempt to gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, whether by hacking, password mining, or other means.
● Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
● Use the Site to post, submit, or transmit any unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable content, or any content that would constitute a criminal offense or give rise to civil liability.
● Use the Site to post, submit, or transmit any material that infringes the intellectual property or other rights of any third party.
● Use the Site to transmit any virus or other harmful component.
● Use the Site to send unsolicited advertising, or to collect other users' information for marketing purposes, without our express written approval.
We may remove or edit any content submitted through the Site, restrict or terminate your access, and disclose information as needed to comply with any law, regulation, legal process, or governmental request, or to protect our rights, our clients, or others.
Certain features, such as a client portal or CRM access, may require you to register for an account and provide information such as your name, business name, and email address. You agree to provide true, accurate, current, and complete information, and to keep it up to date. If we have reasonable grounds to suspect that the information you provide is untrue, inaccurate, or incomplete, we may suspend or terminate your account and refuse any current or future use of the Site. Our use of the personal information you provide is governed by our Privacy Policy.
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, EMAILS, CONTENT, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SECTION GOVERNS YOUR USE OF THE SITE AND DOES NOT LIMIT, WAIVE, OR REPLACE ANY REMEDY EXPRESSLY PROVIDED TO YOU UNDER A SEPARATE SIGNED SERVICES AGREEMENT BETWEEN YOU AND US.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
We may suspend or terminate your access to the Site, the CRM, the client portal, or any related platform, tools, or systems we provide, in whole or in part, at any time and without notice. Upon suspension or termination, you are no longer authorized to access the affected systems, and we may disable your account and access credentials. Any data, content, or materials you wish to retain should be exported before your access ends, as we are not obligated to retain or provide them after termination. The disclaimers, limitations of liability, intellectual property and ownership terms, and any other provisions of these Terms of Service that by their nature should survive will continue to apply after termination. Termination of access under this section does not by itself terminate a separate signed Services Agreement, which is governed by its own term and termination provisions.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: [email protected]
This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms of Service shall be brought exclusively in the state or federal courts located in Cook County, Illinois, and you consent to the personal jurisdiction of those courts and waive any objection to venue. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Although it is highly unlikely, these Terms of Service may be changed at any time at our discretion. If we should update these Terms, we will post the updates to this page on our website.
If you have any questions or concerns regarding our Terms of Service, please direct them to: [email protected]
Privacy Policy | Terms of Service
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