Version 1.0 · Effective date: [LAUNCH DATE] · Last updated: [LAUNCH DATE]
Operator details (edit here only). Everywhere these Terms say "ReadyKnock," "we," "us" or "our," they mean the company named in this box. To change the operator later (for example to the new ReadyKnock LLC), edit this box and Section 1.2, publish a new version, and send the notice in Section 26.
Operator: Thoroclean Auto Appearance LLC, a New Jersey limited liability company, doing business as ReadyKnock.
Mailing address: 865 NJ 33 Business, Ste 3 #157, Freehold, NJ 07728.
Legal notices: legal@readyknock.com · Privacy: privacy@readyknock.com
Plain-English summary (not a substitute for the full Terms)
- ReadyKnock is for businesses only.
- We find public signs that someone may need a service now, score them and deliver them to you as exclusive leads. Each lead goes to one client.
- You pay a monthly plan plus extra leads delivered, billed after delivery. No credits. Nothing expires.
- You are the sender and caller. You alone are responsible for following calling, texting, email, door-to-door and privacy laws when you contact anyone.
- You may not use leads for credit, jobs, insurance, housing or tenant decisions. We are not a consumer reporting agency.
- Public records can be wrong or late. We don't promise results.
- Our total liability is limited to the fees you paid in the last 3 months.
- Disputes go to individual arbitration in New Jersey, not class actions or jury trials.
- You can cancel online at any time. Cancelling stops the next renewal.
1. Acceptance and who these Terms cover
1.1 Agreement. These Terms of Service ("Terms") are a binding contract between you and ReadyKnock. They cover the readyknock.com website, the ReadyKnock app, our APIs, the Market Snapshot, the free trial, and every lead, report, message draft and service we provide (together, the "Service").
1.2 Who we are. The Service is operated by the company named in the Operator box above. That company may assign these Terms to an affiliate or successor under Section 23, including a new limited liability company formed to own ReadyKnock.
1.3 How you accept. You accept these Terms when you (a) check the box or click the button that says you agree, (b) sign an Order Form that refers to them, or (c) use the Service after being shown them. If you do not agree, do not use the Service.
1.4 Authority. If you accept for a company, you promise that you have the authority to bind it. "You" and "Client" then mean that company. If you lack authority, you are personally bound.
1.5 Order Forms. A signed or online order form, quote or plan selection ("Order Form") sets your plan, territory, services, add-ons and prices. If an Order Form conflicts with these Terms, the Order Form wins only for the specific item it changes, and only if it says so expressly. The Data Processing Addendum (Section 15) wins on data protection topics.
2. Business use only
2.1 B2B only. The Service is sold only to businesses for business purposes. You promise that you are a business (including a sole proprietor acting for a business), at least 18 years old, and not buying for personal, family or household use.
2.2 Eligible clients. Our clients are businesses such as home services, roofing, HVAC, and FF&E, hospitality and senior-living suppliers. We may refuse or end service to any applicant or industry, at our discretion, including any business we believe will use leads in a way that breaks Section 7 or 8.
2.3 No consumer rights created. Because the Service is business-to-business, consumer protection laws that apply only to purchases by individuals for personal use do not apply to your purchase. We still follow the clear-disclosure and easy-cancel practices in Section 4, by choice.
3. Accounts and security
3.1 Accurate information. Give us true, current and complete sign-up information: work email, company, service, area and consents. Keep it current.
3.2 Your users. You may invite your employees and contractors ("Users"). You are responsible for everything your Users do and for making them follow these Terms. Each User needs their own login. Do not share logins.
3.3 Two-step sign-in. Workspace owners and our staff must use two-step sign-in. We may require it for other Users. Keep your codes, recovery codes and devices secure.
3.4 Tell us about problems. Email legal@readyknock.com within 24 hours if you suspect unauthorized access to your account. You are responsible for activity under your account until you tell us, unless it was caused by our breach of Section 14.
3.5 Support access. Our staff may view your workspace read-only only (a) to give support you asked for, (b) to keep the Service secure and working, (c) to check compliance with these Terms, or (d) when the law requires it. Each view is logged with a reason and a time limit.
4. Plans, billing, taxes, renewal and cancellation
4.1 Plans. Current plans (US dollars, per month unless stated):
| Plan | Price | Included leads (approx.) | Overage per extra lead |
|---|---|---|---|
| Starter | $299 | ~100 | $6 |
| Growth | $799 | ~300 | $5 |
| Pro | $2,499 | ~800 | $4 |
| B2B Growth | $1,999 | ~20 verified opportunities | $75 |
| B2B Pro | $3,999 | ~40 verified opportunities | $60 |
| Enterprise | From $5,000 | Custom | Custom |
The exact included number for your plan is the one in your Order Form. "Approx." means the website's numbers are a guide; your Order Form number is the commitment.
4.2 What counts as a lead. A "lead" is a scored, matched record delivered to your workspace above your quality threshold and checked against your existing customers and do-not-contact list. A "verified opportunity" (B2B plans) is a lead for a business project whose signal and business contact we have checked. A raw record is not a lead.
4.3 No credits. Nothing expires. There are no prepaid credits, points or tokens. You pay:
- (a) the monthly plan price, which includes the plan's leads;
- (b) overage for each lead delivered above the included number in a billing month, billed after delivery on your next invoice;
- (c) pass-through costs you ordered, such as postage and licensed data, billed at our cost plus 15% after they are incurred;
- (d) any setup fee in your Order Form.
4.4 Fewer leads than included (shortfall). If we deliver fewer leads in a billing month than your plan includes, the difference ("Shortfall") carries over to later months and stays on your account until we deliver it. Shortfall leads are delivered before any overage is counted. If your plan ends while a Shortfall remains, we will, at our choice, deliver the Shortfall during your final month or take the value of the undelivered leads (your plan price divided by included leads, times the Shortfall) off your final invoice or refund it if no invoice remains. A Shortfall never expires and is not a cash credit. We don't owe a Shortfall for any month in which you paused delivery, narrowed your territory or filters, or were suspended under Section 20.
4.5 Setup fees. Setup fees range from $500 to $2,500 depending on plan and are set in your Order Form. The setup fee is waived on annual Starter and Growth plans. Setup fees pay for onboarding work and are non-refundable once onboarding starts, unless we end your account for convenience under Section 20.3(a) before onboarding is finished.
4.6 Add-ons.
- Territory exclusivity (Growth and up): +50% of the plan price for that territory. It means we will not sell the same service to another client in that territory during your term. The Order Form defines the "service" and the "territory." Two different services (for example FF&E supply and FF&E installation) may be sold in the same territory. Public signals that each client finds on its own, such as a public deed record, are not covered by exclusivity, but a given lead is delivered only to you.
- Done-for-you outreach: we arrange mail pieces or ad audiences for you, billed at our cost plus 15%. You are the sender of record and the advertiser for every piece. You approve each campaign before it goes out. Ad spend may be billed by the ad platform directly to your own ad account.
- AI follow-up assistant: works only on leads for which you hold prior express written consent that meets Section 8. It is turned off for every other lead.
- Custom CRM builds: see Section 13.4.
4.7 Payment. You authorize us and our payment processor to charge your card or bank account on file for all fees when due. Plan fees are charged at the start of each billing period. Overage and pass-through costs are charged on the next invoice. Invoiced amounts (if we agree to invoice you) are due within 15 days. Late amounts accrue interest at 1.5% per month or the highest lawful rate, whichever is lower. You pay our reasonable costs of collecting late amounts, including attorney's fees.
4.8 Taxes. Prices do not include taxes. You pay all sales, use, information-services, VAT and similar taxes on the Service, except taxes on our net income. If you claim an exemption, give us a valid certificate before invoicing.
4.9 Billing disputes. Tell us in writing within 30 days of an invoice if you dispute any charge, with details. Undisputed amounts stay due. We will work in good faith to resolve the dispute. If you don't dispute a charge within 30 days, it is final. Don't file a chargeback without first using this process. An unjustified chargeback is a breach of these Terms.
4.10 Automatic renewal: the key terms. These are the material terms of your subscription, shown before you buy:
- Your plan renews automatically at the end of each billing period (monthly, or annually if you chose annual) for another period of the same length, until you cancel.
- You will be charged the plan price shown in your Order Form (plus overage and pass-through costs actually incurred) at the start of each renewal period, using the payment method on file.
- You can cancel at any time as Section 4.11 says.
- Price changes happen only with notice under Section 4.13.
- We ask for your clear agreement to these renewal terms, separately from the rest of these Terms, before your first charge. We send you an acknowledgment by email that repeats these terms and how to cancel.
4.11 How to cancel.
- Online: sign in, open Settings, then Billing, then "Cancel plan." It takes one page and you don't need to call anyone. You can also email legal@readyknock.com from your account email with "Cancel" in the subject.
- If we show you an offer when you cancel, we show it once, and you can decline it and finish cancelling right away.
- When it takes effect: at the end of your current billing period. You keep access and delivery until then. You will not be charged again for the plan. You remain responsible for overage and pass-through costs already incurred, and for the rest of any annual term you prepaid or committed to in your Order Form.
- We confirm every cancellation by email.
4.12 Annual plans and reminders.
- For annual plans, we email you a renewal reminder at least 30 and no more than 45 days before the renewal date. It states the renewal date, the price, and how to cancel.
- At least once a year, we remind every subscriber of their plan, charges and how to cancel.
4.13 Price changes. We may change prices for a future billing period. We will email you a clear notice 30 days before the new price takes effect. The notice states the new price, the date, and how to cancel. If you don't cancel before the new price takes effect, it applies from your next billing period. Prices fixed in an annual Order Form don't change during that annual term.
4.14 No other refunds. Except as these Terms or the law expressly require, fees are non-refundable and there are no refunds or credits for partial periods, unused features or unused leads. The Shortfall rule (Section 4.4) and bad-lead replacement (Section 5) are your remedies for lead quantity and quality.
5. Bad-lead replacement
5.1 What qualifies. You may flag a delivered lead within 14 days of delivery for one of these reasons only:
- (a) wrong or undeliverable address;
- (b) already your customer (in your customer list or connected CRM before delivery);
- (c) outside your territory;
- (d) a duplicate of a lead delivered to you before; or
- (e) the business has closed.
5.2 How to flag. Use the "Flag lead" button in the app and pick the reason. We may ask for reasonable proof (for example returned mail or a CRM record).
5.3 What we do. If the flag is valid, we replace the lead within 30 days. If we can't, we take it off your next invoice at your plan's overage price per lead.
5.4 Limits.
- Replacements are capped at 15% of the month's included leads.
- Replacement is not a cash refund.
- Leads that don't turn into business, people who don't answer, leads you didn't contact, and leads used against Section 7 or 8 do not qualify.
- This Section 5 is your only remedy for lead quality.
6. Free options
6.1 Market Snapshot. The free Market Snapshot shows aggregate counts only, such as how many signals of a type appeared in a county. No sign-up is needed. It contains no personal information. It is provided "as is," may be delayed (county records can be weeks behind), and may not be copied, scraped or resold.
6.2 14-day free trial.
- What you get: up to 10 real, exclusive leads for your service and area, during 14 days from the day the trial starts, whichever ends first.
- No card, no auto-charge. We don't ask for payment details. When the trial ends, delivery stops. Nothing renews or converts into a paid plan unless you choose a plan.
- Eligibility: one trial per company and per company email domain. Trials are approved by our staff. We may decline, limit or end any trial, for example to prevent abuse.
- Rules: these Terms, including Sections 7, 8, 10 and 13, apply in full to trial leads. Section 13.3 says what you may do with trial leads after the trial.
- No bad-lead replacement applies to trial leads.
- No free-forever plan.
7. Acceptable use
You and your Users must not, and must not let anyone else:
7.1 FCRA uses. Use the Service or any lead, in whole or in part, as a factor in deciding anyone's eligibility for credit, insurance, employment, housing or rental (including tenant screening), or for any other purpose covered by the federal Fair Credit Reporting Act (FCRA) or a similar state law. ReadyKnock is not a consumer reporting agency. Leads are not "consumer reports." We don't collect data for those purposes and we don't allow those uses.
7.2 Harassment or harm. Use leads to stalk, harass, threaten, intimidate, defraud or locate any person for a non-business reason, or for debt collection, repossession, process serving or skip tracing.
7.3 Discrimination. Use the Service to target, exclude or treat anyone differently based on race, color, religion, national origin, sex, sexual orientation, gender identity, disability, familial status, age, or any other trait protected by law, including under fair housing and civil rights laws.
7.4 Breaking outreach laws. Contact anyone in violation of the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, the National Do-Not-Call Registry, state do-not-call and telemarketing laws (including the Florida Telephone Solicitation Act), CAN-SPAM, state email laws, or local door-to-door solicitation and permit rules.
7.5 Contacting people who opted out. Contact any person or business that has opted out, asked not to be contacted, is on your internal do-not-contact list, or that we have told you is suppressed.
7.6 Reselling or sharing leads. Sell, resell, rent, license, give away, publish, or share any lead, lead list or Service output with any third party, including your affiliates, franchisees, other branches or lead buyers, except your own service providers acting only for you under written confidentiality terms.
7.7 Ad uploads. Upload names, emails, phone numbers or addresses from leads into ad-platform audience tools (such as Google Customer Match or Meta Custom Audiences), unless the ad platform's rules allow it and you have your own lawful basis. Use our geographic (ZIP or radius) audiences instead. Your own first-party customer lists are yours to use.
7.8 Scraping and reverse engineering. Scrape, crawl, bulk-download or harvest the Service; get around rate limits, access controls or security; decompile, reverse engineer or try to learn our source code, scoring methods, models or data sources, except as the law expressly allows despite this limit.
7.9 Competing database. Use the Service or any output to build, train, improve or feed a competing product, database, lead service or AI model.
7.10 Other misuse. Break any law; infringe anyone's rights; upload malware; interfere with the Service; test its security without our written OK; create false accounts; or misstate who you are when contacting a lead (for example implying you are a government agency or that the person asked to be contacted).
7.11 Sensitive data. Upload to the Service Social Security numbers, financial account numbers, health information, biometric data, children's data, precise geolocation, or other sensitive personal information as defined by state privacy laws, unless we agree in writing.
8. Your compliance responsibilities
8.1 You are the sender and caller. For every call, text, email, letter, postcard, ad, door knock or other contact you make with a lead, you are the seller, sender, caller and advertiser, even when you use our tools, templates, AI drafts or done-for-you outreach. You are solely responsible for complying with all laws that apply to that contact, including the TCPA, the Telemarketing Sales Rule, federal and state do-not-call laws, state telemarketing and registration laws, CAN-SPAM, state commercial email laws, and local door-to-door, peddler and solicitation permit rules.
8.2 Calls and texts. You must not make any call or send any text to a lead using an autodialer, a prerecorded or artificial voice (including any AI-generated voice), or any automated system, unless you hold prior express written consent from that person that meets the TCPA and applicable state law, names your business as the seller, and has not been revoked. Homeowners and other consumers found through public records should be contacted by mail and ads, not cold calls or texts. Any manual call must follow do-not-call rules, calling-hour limits and state call limits.
8.3 Do-Not-Call. You must keep your own National Do-Not-Call Registry subscription for the area codes you call, scrub numbers before calling as the law requires (at least every 31 days), keep an internal do-not-call list, and honor every request to stop.
8.4 Email. Every commercial email you send must identify you, include your valid physical postal address, have a working unsubscribe, honor opt-outs within 10 business days, and not use misleading headers or subject lines.
8.5 Door-to-door. You are responsible for any local permits, registrations, "no knock" lists and hours for door-to-door solicitation, and for honoring "No Soliciting" signs where the law requires.
8.6 Opt-outs and privacy requests we pass on. When we tell you that a person or address is suppressed, has opted out, or has asked for deletion (including a request through California's Delete Request and Opt-Out Platform), or that a New Jersey Daniel's Law notice covers a home address, you must stop contacting that person or address and delete or suppress the data within 10 business days (sooner if the law requires). You must also forward to privacy@readyknock.com, within 5 business days, any privacy request you receive about data we delivered.
8.7 Your consent records. If you claim consent for any contact, you must keep proof of it (consent text, date, time, source and phone or email) for at least 5 years and give it to us on request.
8.8 Our tools help but don't make you compliant. Our consent gates, suppression lists, do-not-call checks, email footers and similar features are tools only. They are not legal advice and do not guarantee compliance. You must decide for yourself, with your own lawyer if needed, whether each contact is lawful.
9. Data accuracy and no guarantee of results
9.1 Data "as is." Leads come from public records, licensed data, official feeds and other sources we don't control. Public records can be wrong, incomplete, out of date or late (some county deed records run weeks behind). Scores and "why now" reasons are estimates and opinions, not facts. We do not promise that any lead is accurate, complete, current, reachable or interested.
9.2 No guarantee of results or ROI. We do not guarantee any number of jobs, appointments, sales, revenue, return on investment or cost per job. Your results depend on your prices, area, offer, follow-up and many other things we don't control.
9.3 Examples are illustrative. ROI calculators, example numbers, case examples, sample leads and benchmarks on our website or in sales materials are illustrative examples only, not promises or typical results, unless they are expressly labeled as typical and the basis is shown.
9.4 Lead counts are estimates. Included-lead numbers on the website are approximate. Signal volume varies by area, season and source. Section 4.4 governs shortfalls.
10. AI-generated content
10.1 Some outputs, such as "why now" reasons, first-message drafts, scripts and summaries, are produced or assisted by artificial intelligence.
10.2 AI output can be wrong, incomplete or inappropriate. Review, edit and approve every message before you send it. You are responsible for anything you send, post or say, including its truth, its compliance with law, and any required disclosures.
10.3 Don't present AI drafts as personal knowledge you don't have (for example "I saw your house was damaged" when you didn't see it). Don't use AI output to make the decisions in Section 7.1.
10.4 Similar prompts can produce similar outputs for other clients. You get no exclusive rights in AI-drafted text, but we don't deliver your leads to anyone else.
11. Exclusivity of leads
11.1 Each lead is delivered to one client only. We do not resell or share a lead we delivered to you with another client.
11.2 "Exclusive" means we don't deliver the same lead to another client. It doesn't stop other businesses from finding the same public record on their own, and it doesn't mean the person isn't talking to your competitors.
11.3 Related-company clients. ReadyKnock's owner also controls some businesses that use ReadyKnock as clients. They get no access to your workspace, leads, outcomes, notes or scoring. They are walled off like any other client and pay under the same terms.
12. Third-party services
The Service connects to other services (for example CRMs, email senders, mail vendors and ad platforms). Your use of them is governed by their own terms. We aren't responsible for them, and we may stop supporting any of them. Data you send to a third-party service leaves our control.
13. Intellectual property and lead license
13.1 We own the Service. ReadyKnock and its licensors own all rights in the Service, including the software, platform, scoring methods, models, weights, prompts, templates, playbooks, signal definitions, documentation, brand, and all aggregated, de-identified and statistical data that we create from operating the Service (provided it does not identify you or any person). No rights are given except those expressly stated here.
13.2 Your license to leads. While your subscription is active and you are paid up, we give you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the leads delivered to you, and related outputs, only for your own internal business of marketing and selling your own products and services in compliance with these Terms and the law.
13.3 After your term ends (and after a trial).
- (a) Leads that became your customers or that you actually engaged (you had a real two-way business interaction with them, or they became a customer, before the end date) become part of your own business records. You may keep and use them like any other customer record, subject to the law and Section 8.6.
- (b) All other delivered leads: you must stop using them and delete them from your systems within 30 days after the end of your term or trial, except copies you must keep by law. On request, an officer must confirm the deletion in writing.
- (c) Sections 7, 8 and 13 continue to apply to any lead you keep.
13.4 Custom CRM builds. If we build a custom CRM, website or app for you:
- (a) You own your custom layer (the configuration, fields, screens, workflows and content made only for you, as listed in the Order Form) and all of your data in it, once you pay in full.
- (b) We own the underlying template, framework, components and know-how ("Template"), and anything we developed that isn't unique to you. We give you a non-exclusive, non-transferable license to use the Template as part of your custom build for as long as you pay the monthly hosting and support fee.
- (c) If that fee stops, we give you a full export of your data and custom layer in a standard format within 30 days. Continued use of the Template after that needs a separate license or buy-out at the price in your Order Form [MIKE TO DECIDE: Template buy-out or post-termination license price, if any; until decided, "by separate written agreement"].
13.5 Your content. You own the content and data you upload ("Client Data"). You give us a non-exclusive license to host, copy, process and display Client Data only to provide, secure and support the Service for you, as the DPA describes.
13.6 Brand. Don't use our names, logos or marks without our written OK. We may list your company name as a client only with your written OK.
14. Confidentiality and security
14.1 Confidential Information means non-public information one party shares with the other that is marked confidential or that a reasonable person would see as confidential. Our pricing terms in an Order Form, non-public features, scoring methods, source lists and leads are our Confidential Information. Your Client Data is yours.
14.2 Each party will use the other's Confidential Information only for this agreement, protect it with at least reasonable care, and share it only with people who need it and are bound by similar duties.
14.3 This doesn't cover information that is public through no fault of the receiver, was already known to it, was received from someone free to share it, or was developed independently. A party may disclose information when the law requires it, after giving the other party notice where lawful.
14.4 Security. We use reasonable administrative, technical and physical safeguards, including encryption in transit and at rest, workspace isolation, two-step sign-in for staff and owners, access logging and backups. No system is perfectly secure, and we don't promise that it is. If we confirm a security incident that affects your Client Data, we notify you without undue delay and within 72 hours of confirming it.
15. Client data and the Data Processing Addendum
15.1 Your data is yours. You own Client Data, including your customers, CRM records, first-party web or form data, consents and suppression lists.
15.2 We process it for you. For Client Data, you are the "controller" or "business," and we are your "processor" or "service provider" under state privacy laws. We process it only on your instructions to provide the Service. We don't sell or share it, don't combine it with other clients' data, and don't use it to serve anyone else, except to create de-identified aggregate statistics as Section 13.1 allows.
15.3 Platform Data. For data we source ourselves from public records, licensed feeds and official APIs ("Platform Data"), we act as an independent controller. When we deliver a lead to you, you become an independent controller of that lead for your own use under Section 13.
15.4 DPA. Our Data Processing Addendum ("DPA"), available at readyknock.com/dpa, is part of these Terms. It covers roles, instructions, sub-processors, security, consumer requests, incident notice, audits, US-only hosting, and return and deletion of Client Data.
15.5 Export and deletion. You can export your Client Data as CSV at any time on every plan. After your plan ends, you have 30 days to export it. We then delete it within 60 days, except suppression records (kept so opted-out people aren't contacted again) and records the law requires us to keep.
15.6 Your notices. You are responsible for giving any privacy notices and getting any consents the law requires for Client Data you give us, and for having the right to share it with us.
16. Feedback
If you give us ideas, suggestions or feedback, we may use them for any purpose without paying you or owing you anything. You won't claim any rights in improvements we make from them.
17. Warranty disclaimer
THE SERVICE, ALL LEADS, DATA, SCORES, AI OUTPUT AND EVERYTHING ELSE WE PROVIDE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, READYKNOCK AND ITS LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DATA IS ACCURATE OR LAWFUL FOR YOUR INTENDED CONTACT, OR THAT YOU WILL GET ANY RESULT. Your only remedies for lead quantity and quality are in Sections 4.4 and 5.
18. Limitation of liability
18.1 No indirect damages. TO THE FULLEST EXTENT THE LAW ALLOWS, READYKNOCK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OR OPPORTUNITIES, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, OR COST OF SUBSTITUTE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.
18.2 Cap. TO THE FULLEST EXTENT THE LAW ALLOWS, READYKNOCK'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, COMBINED, WILL NOT EXCEED THE FEES YOU ACTUALLY PAID US FOR THE SERVICE IN THE 3 MONTHS BEFORE THE EVENT THAT FIRST GAVE RISE TO LIABILITY. IF YOU PAID NOTHING (FOR EXAMPLE DURING A TRIAL), OUR TOTAL LIABILITY IS $100.
18.3 What the cap doesn't limit. Sections 18.1 and 18.2 don't limit (a) your obligation to pay fees, (b) your indemnity obligations, (c) your liability for breaching Sections 7, 8 or 13, or (d) any liability that the law does not allow to be limited, such as liability for fraud.
18.4 Basis of the bargain. These limits are an essential part of the deal. Our prices reflect them. They apply even if a remedy fails of its essential purpose.
18.5 Time to sue. Any claim against ReadyKnock must be started within 1 year after it arose, or it is permanently barred, to the extent the law allows.
19. Indemnity
19.1 You defend us. You will defend, indemnify and hold harmless ReadyKnock, its owner, members, managers, affiliates, employees, contractors and licensors from and against all claims, demands, investigations, fines, penalties, losses, damages, settlements, costs and expenses (including reasonable attorney's and expert fees) arising out of or relating to:
- (a) any call, text, email, mail piece, ad, door knock, or other contact made by you, your Users or anyone acting for you, including any claim under the TCPA, Telemarketing Sales Rule, do-not-call laws, state telemarketing laws, CAN-SPAM, state email laws, or solicitation rules;
- (b) your breach of these Terms, including Sections 7, 8, 10 and 13;
- (c) your use of the Service or any lead in violation of law, including privacy, fair housing, civil rights and FCRA laws;
- (d) Client Data, including a claim that you had no right to give it to us; and
- (e) any dispute between you and a lead, your customer or any third party.
19.2 Process. We will tell you about a claim promptly (a delay only reduces your duty to the extent it actually harms you). You control the defense with counsel we reasonably accept. We may join with our own counsel at our cost. You may not settle a claim in a way that admits fault for us or imposes any duty on us without our written OK.
20. Suspension and termination
20.1 Suspension. We may suspend all or part of the Service, immediately and without liability, if (a) you are more than 10 days late on any payment, (b) we reasonably believe you are breaching Section 7 or 8 or using the Service in a way that could expose us or anyone else to legal liability or harm, (c) a regulator, court, data licensor or law requires it, or (d) there is a security threat. We will tell you, and restore the Service once the cause is fixed.
20.2 Termination by you. You may cancel at any time under Section 4.11.
20.3 Termination by us. We may end your account (a) for convenience, with 30 days' notice, refunding any prepaid fees for the unused period, (b) immediately for a material breach of Sections 7, 8 or 13, or (c) on 10 days' notice for any other material breach you don't fix in that time.
20.4 Effect. When your account ends, your right to use the Service ends, Section 13.3 applies to leads, Section 15.5 applies to Client Data, and all unpaid fees become due at once. If we end your account for your breach, no refund is owed.
21. Dispute resolution: informal talks, then binding individual arbitration
PLEASE READ THIS SECTION CAREFULLY. IT MEANS THAT YOU AND READYKNOCK GIVE UP THE RIGHT TO HAVE DISPUTES DECIDED IN COURT BY A JUDGE OR JURY, AND THE RIGHT TO BRING OR JOIN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. AN ARBITRATOR, NOT A COURT, WILL DECIDE THE DISPUTE.
21.1 Talk first (30 days). Before starting arbitration or any court case, the party with a claim must send a written notice to the other (to legal@readyknock.com and our mailing address, or to your account email). The notice must describe the claim and the relief wanted. The parties will try in good faith to resolve it for 30 days, including at least one call between people with authority to settle if either party asks. Time limits to sue are paused during these 30 days.
21.2 Binding arbitration. Any dispute, claim or controversy arising out of or relating to these Terms, the Service, or our relationship, including whether it must be arbitrated ("Dispute"), will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect when the arbitration is filed (including, where they apply, its Mass Arbitration Supplementary Rules). The Federal Arbitration Act governs this Section.
21.3 How it runs. One arbitrator decides. The arbitration takes place in Monmouth County, New Jersey, or by video if both parties agree. The arbitrator must follow these Terms, including the limits in Section 18, and may award only the relief available to an individual party in court. The arbitrator decides questions about the scope, validity and enforceability of this Section, except the class waiver in 21.4, which only a court may decide. A judgment on the award may be entered in any court with jurisdiction. Filing and arbitrator fees are paid as the AAA rules provide, and the arbitrator may award fees and costs to the winning party.
21.4 Individual claims only. Class action waiver. Disputes will be resolved only on an individual basis. Neither party may bring, join or take part in any class, collective, consolidated or representative action or arbitration, or act as a private attorney general. The arbitrator may not consolidate claims of different clients. If this class waiver is found unenforceable for a claim, that claim (and only that claim) must be decided in court under Section 21.6, and not in arbitration.
21.5 Exceptions. Either party may (a) bring an individual claim in a small-claims court in Monmouth County, New Jersey, if it qualifies and stays there, and (b) ask a court for a temporary restraining order or injunction to protect its intellectual property, Confidential Information, or data, or to stop a breach of Sections 7 or 13, without first using Section 21.1. Collection of unpaid fees may also be brought in court.
21.6 Venue for anything not arbitrated. Any Dispute that is not arbitrated will be brought only in the state courts located in Monmouth County, New Jersey, or the United States District Court for the District of New Jersey. Both parties consent to those courts' jurisdiction and venue. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL in any such case, to the fullest extent the law allows.
21.7 Survival and changes. This Section survives the end of your account. If we change this Section, the change won't apply to a Dispute we already knew about.
22. Governing law
New Jersey law governs these Terms and any Dispute, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 21. The UN Convention on Contracts for the International Sale of Goods does not apply.
23. Assignment
You may not assign or transfer these Terms or your account without our written OK; any attempt is void. We may assign or transfer these Terms, any Order Form, and your Client Data, in whole or in part, without your consent, to an affiliate, to a successor company formed to own ReadyKnock, or in a merger, acquisition, reorganization or sale of assets. We will notify you of any such assignment. These Terms bind and benefit the parties' permitted successors and assigns.
24. Force majeure
Neither party is liable for delay or failure (other than paying money) caused by events beyond its reasonable control, such as natural disasters, severe weather, war, terrorism, riots, labor disputes, government action, pandemics, failures of the internet, utilities, hosting or data providers, changes in law, or a public data source stopping, changing or delaying its records.
25. Changes to these Terms
25.1 We may update these Terms. We will post the new version with a new version number and effective date, and keep earlier versions available on request.
25.2 For material changes, we will email account owners at least 30 days before the change takes effect. If you don't agree, you may cancel before it takes effect and the old Terms will apply until your current billing period ends. Using the Service after the effective date means you accept the new Terms.
25.3 Changes required by law, or that only improve your rights, may take effect right away.
26. Notices
We send notices to the email address on your account or in-app. They count as received when sent. Send legal notices to legal@readyknock.com, with a copy by mail to ReadyKnock, 865 NJ 33 Business, Ste 3 #157, Freehold, NJ 07728. You agree to receive notices, invoices and records electronically.
27. Export control and sanctions
You promise that you are not located in, organized in, or ordinarily resident in a country or region under comprehensive US sanctions, and are not on any US government restricted-party list (such as the OFAC Specially Designated Nationals list). You won't use or allow access to the Service in violation of US export control or sanctions laws. The Service and its data are offered only in the United States.
28. General
28.1 Entire agreement. These Terms, the Order Form, the DPA, and our Privacy Policy (for how we handle personal information) are the entire agreement on this subject and replace all earlier proposals, statements and agreements. Terms in your purchase orders or other documents don't apply, even if we accept or sign them.
28.2 Severability. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent allowed and the rest stays in effect.
28.3 No waiver. Not enforcing a right isn't a waiver of it.
28.4 Independent parties. We are independent contractors. Nothing here creates a partnership, joint venture, agency or employment relationship. We are not your agent for any call, message or contact.
28.5 No third-party beneficiaries, except the indemnified people in Section 19.
28.6 Survival. Sections 4 (amounts owed), 7, 8, 9, 10, 13, 14, 15.5, 16, 17, 18, 19, 20.4, 21, 22, 23 and 28, and any other terms that by their nature should last, survive the end of your account.
28.7 Headings and plain English. Headings and the summary at the top are for convenience only. "Including" means "including without limitation."
28.8 Electronic signature. Clicking "I agree" or checking an acceptance box is your electronic signature, with the same force as a handwritten one.
29. Contact
ReadyKnock · 865 NJ 33 Business, Ste 3 #157, Freehold, NJ 07728 · legal@readyknock.com · privacy@readyknock.com
Version history: v1.0, effective [LAUNCH DATE]. Earlier drafts were never in force.