Terms of Service

These Terms of Service ("Terms") govern access to and use of the websites, web application, and mobile applications operated by PROTRA LLC, a Texas limited liability company ("PROTRA," "we," "us," or "our"), including the office web platform, the technician mobile application, and any customer-facing portal made available to a Customer's own clients (together, the "Platform"). These Terms apply to every person who accesses the Platform, including Authorized Users of a subscribing contractor company and any individual client of that contractor who uses a customer portal to view estimates, approve work, make a payment, or communicate about a job ("Portal User").

If Customer's business has entered into PROTRA's B2B SaaS Subscription and Services Agreement (the "Subscription Agreement"), that agreement governs the commercial relationship between PROTRA and Customer, including fees, data ownership, indemnification, and limitation of liability, and controls over these Terms in the event of a direct conflict regarding that relationship. These Terms separately govern the use of the Platform itself by every individual who accesses it, including individuals who are not a party to the Subscription Agreement.

1. Eligibility and Accounts

The Platform is intended for business use by contractor companies and their personnel, and for use by a contractor's own clients solely in connection with services that contractor provides. You must be at least 18 years old to create an account or otherwise use the Platform. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

2. Electronic Acceptance

You accept these Terms by taking an affirmative action presented at signup, account creation, or first use of the Platform, such as clicking "I agree," "Accept," "Sign Up," or a similarly labeled control, or by otherwise accessing or using the Platform after that option is presented to you ("clickwrap" acceptance). If you do not agree to these Terms, do not create an account or otherwise use the Platform.

PROTRA retains a record of this acceptance, including the accepting individual or account, the version of these Terms accepted, and the date and time of acceptance, as evidence that you agreed to these Terms. Where you access the Platform as a Portal User without creating a full account, your continued use of the Platform after these Terms are presented to you constitutes acceptance in the same manner.

3. License to Use the Platform

Subject to these Terms and, where applicable, the Subscription Agreement, PROTRA grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform for its intended purpose. This license does not include any right to copy, modify, distribute, sell, or lease any part of the Platform, to reverse engineer or attempt to extract its source code, or to use the Platform to build a competing product, except to the extent such a restriction is prohibited by applicable law.

4. Acceptable Use

Use of the Platform is subject to PROTRA's Acceptable Use Policy, incorporated into these Terms by reference. Violation of that policy is a violation of these Terms.

5. Role of the Platform; No Responsibility for Contractor Work

PROTRA operates the Platform as a software provider. PROTRA does not perform, supervise, or guarantee the HVAC, plumbing, electrical, or other field services that a contractor company arranges, schedules, estimates, or invoices using the Platform. If you are a Portal User interacting with a contractor through the Platform, your contract for services is with that contractor, not with PROTRA, and any dispute about workmanship, pricing, scheduling, warranties, property damage, or personal injury is between you and that contractor. PROTRA's role is limited to providing the technology that the contractor uses to manage and communicate about its work.

6. Communications, SMS Consent, and Call Recording Disclosure

A contractor using the Platform ("Subscriber") may contact you by text message, email, or phone regarding appointments, job status, estimates, and invoices. Where a Subscriber enables these features, its communications with you may include two-way SMS, automated appointment reminders, inbound and outbound calling, call recording, transcription, and AI-assisted call handling or intake.

The Subscriber, not PROTRA, is responsible for obtaining any consent required under the Telephone Consumer Protection Act and other applicable law before contacting you by text or automated call, for honoring your opt-out requests, and for complying with carrier registration and other messaging-industry requirements. The Subscriber is likewise responsible for determining and obtaining any notice or consent required before recording or transcribing a call with you under the law of the jurisdiction where the call takes place, and for disclosing to you when a call or message is AI-assisted rather than handled by a live person, to the extent applicable law requires that disclosure. PROTRA requires every Subscriber to agree, as a condition of using these features, that it will obtain all consents necessary for its use of the Platform's communications features, and PROTRA may suspend or terminate a Subscriber's access to communications functionality where PROTRA reasonably believes the Subscriber has used it unlawfully, consistent with the Acceptable Use Policy.

If you believe a Subscriber has contacted you unlawfully through the Platform, or recorded a call with you without the consent required in your jurisdiction, you may contact PROTRA using the information in Section 15; PROTRA will review reports of misuse and may suspend the responsible Subscriber's access to the relevant features. You should also address the issue directly with the Subscriber, since PROTRA is not a party to your relationship with the Subscriber.

7. Payments Through the Platform

Where a contractor enables payment functionality, payments you make to that contractor through the Platform are processed by PROTRA's third-party payment processor. PROTRA is not a party to the underlying transaction between you and the contractor, does not guarantee any job, estimate, or invoice, and is not responsible for refunds, billing disputes, or chargebacks arising from your relationship with the contractor. Payment-card information is handled by the payment processor under its own terms.

8. User Content

You may submit photographs, notes, messages, signatures, or other content through the Platform ("User Content"). You retain your rights in your User Content. You grant PROTRA and the relevant contractor company a limited right to host, store, transmit, and display your User Content solely as necessary to operate the Platform and provide the services requested. You represent that you have the necessary rights to submit your User Content and that it does not violate the rights of any third party.

9. Third-Party Services

The Platform may link to or integrate with third-party services, including payment processors, mapping tools, accounting platforms, and communications providers. PROTRA does not control and is not responsible for those third-party services, which are governed by their own terms and privacy practices.

10. Disclaimers

To the maximum extent permitted by law, the Platform is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. PROTRA does not warrant that the Platform will be uninterrupted, secure, or error-free, or that any communication, AI output, estimate, schedule, or record generated through the Platform will be accurate or complete.

11. Limitation of Liability

To the maximum extent permitted by law, PROTRA and its officers, directors, employees, and affiliates will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, lost data, or loss of goodwill, arising out of or relating to your use of the Platform. Where PROTRA's liability to a Portal User cannot be excluded under applicable law, PROTRA's aggregate liability to that individual is limited to one hundred dollars ($100) or the amount that person paid to PROTRA directly (excluding amounts paid to a contractor) in the twelve (12) months before the claim arose, whichever is greater.

This Section does not limit the liability PROTRA has separately agreed to under a Subscription Agreement with a contracting business, which is governed by that agreement rather than by these Terms.

12. Enforcement; Suspension and Termination of Individual Access

In addition to any rights PROTRA has under a Subscription Agreement with a Subscriber, PROTRA may directly suspend or terminate an individual Authorized User's or Portal User's access to the Platform for violation of these Terms or the Acceptable Use Policy, including misuse of communications, recording, or AI-assisted features, without affecting the Subscriber's own obligations under its Subscription Agreement. Where practical, PROTRA will provide notice before suspending access, except where immediate action is reasonably necessary to prevent harm.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Before filing a claim arising out of or relating to these Terms, you and PROTRA agree to first attempt to resolve the dispute informally by contacting PROTRA using the information in Section 15; PROTRA will do the same by contacting the email address on your account. If the dispute is not resolved within thirty (30) days, the exclusive venue for any action is the state or federal courts located in Tarrant County, Texas, and each party consents to personal jurisdiction there.

You and PROTRA each waive any right to a jury trial and agree that any claim will be brought on an individual basis and not as part of a class, consolidated, or representative action.

If you are a consumer Portal User and applicable law gives you a non-waivable right to opt out of this dispute-resolution provision, you may do so by notifying PROTRA in writing within thirty (30) days of first accepting these Terms, using the contact information in Section 15.

14. Changes to These Terms; Termination

PROTRA may update these Terms from time to time. Material changes will be posted on the Platform or communicated by email at least thirty (30) days before they take effect, and continued use of the Platform after that date constitutes acceptance. PROTRA may suspend or terminate an individual account for violation of these Terms or the Acceptable Use Policy, consistent with the process described in those documents.

15. Contact

PROTRA LLC

Support: support@protra-us.com