DRAFT — This document is a DRAFT pending attorney review. It is not final and may change. The finalized version will be published upon completion of the legal review.
These Terms of Service ("Terms") govern your use of Quickbirch, a missed-call intake software service operated by Batquest LLC, which does business as Quickbirch ("we," "us," "our"). By using Quickbirch, you ("you," "Contractor") agree to these Terms.
Quickbirch provides (a) a missed-call voice menu ("IVR") that answers a Contractor's missed calls and qualifies the caller in-channel, and (b) a shareable web link (QR + short URL) that captures leads through a web form. Quickbirch captures, qualifies, and delivers leads to the Contractor, and (where the lead has verified an email and consented) emails a quote-draft estimate on the Contractor's behalf. Quickbirch records only the optional voice note a caller chooses to leave after completing the menu — the voice note is disclosed in the recording prompt before recording starts, begins only when the caller opts in by keypress, is transcribed to text, and its audio is deleted within 30 days of the recording (the transcript is retained with the lead). Quickbirch does not send SMS to homeowners or consumers — the only SMS we send is described in §3.
You may use Quickbirch only if you are a US-based home-service contractor authorized to enter these Terms. The service is offered and intended for use in the United States only.
This section describes the SMS program and your consent to it.
You will not misuse the service, including by submitting unlawful or infringing content, attempting to access or disrupt other users' data, reverse-engineering the service, or using it to send unsolicited marketing. We may suspend or terminate access for violations.
Subscription fees, metered lead usage, and any overage are billed via Stripe as described on our pricing page and at checkout. Fees are non-refundable except as required by law or as stated in our booked-job guarantee. [Tax / 1099-K language — to be finalized with the CPA at S3.]
Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
The service is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, and do not warrant that leads are accurate, complete, or will result in booked jobs. Quote-draft estimates are informational ranges, not binding quotes.
To the fullest extent permitted by law, Batquest LLC's aggregate liability arising out of or relating to these Terms or the service shall not exceed the amounts you paid us in the twelve (12) months preceding the claim. Neither party is liable for indirect, incidental, or consequential damages.
You may stop using the service and cancel at any time through your dashboard. We may suspend or terminate your access for non-payment, violation of these Terms, or risk to the service. Upon termination, your right to use the service ends; data is handled per the Privacy Policy retention section.
We may update these Terms. We will post the updated version here and update the "last updated" date. Material changes will be communicated through the service or by email where appropriate.
Questions: support@quickbirch.com · Batquest LLC, [STREET, CITY, STATE, ZIP]. These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-laws principles. [Dispute resolution / venue — to be finalized by legal.]
Estimates are typical ranges, not quotes. This document is a draft pending attorney review and is not legal advice.