Terms of Service | Fortly Pro

Welcome. By using our site, you agree to these Terms of Use. If you don't agree, please don't use the site.

Cancellation Policy
Cancellations must be made at least 24 hours prior to the scheduled service date and time. If you cancel with less than 24 hours' notice, or fail to cancel and are not present for the scheduled service, we reserves the right to charge 100% of the scheduled service fee. By booking a service, you acknowledge and agree to this cancellation policy. To cancel, please email at the contact listed at bottom of page.

Additional Charges
By booking services with us, you acknowledge and agree that there may be certain additional fees or charges for services provided, which may include but are not limited to air filters, batteries, refrigerator filters, replacement parts, materials, supplies, and other ancillary items or services necessary to complete the work. Company will make reasonable efforts to inform customers of additional charges prior to incurring such costs, but customer agrees to pay all charges for services rendered and materials provided.

Taxes & Governing Fees
The customer is responsible to pay all costs associated with local, state, and federal taxes and fees related to the services and products sold or provided by us. This includes, but is not limited to, applicable sales tax, use tax, excise tax, and any other government-imposed fees or assessments arising from the purchase of services or products provided by Company. All applicable taxes and fees will be reflected in the final invoice presented to the customer at the time of service.

Privacy & Age
By using this site, you accept our Privacy Policy. Before using our site, carefully review our Privacy Policy. You must be at least 13 years old to use the site; users under 18 require parental consent to enter into these Terms. You agree you are more than 18 years old and are fully competent to enter into and comply with the Terms of Use.

Content is Protected
All content on this site — text, images, logos, and software — belongs to us or its licensed partners. Do not copy, reproduce, redistribute, or use our trademarks without prior written permission.

Access
You may use this site for lawful, personal, non-commercial purposes only. Do not tamper with security features, copy, or reverse-engineer any part of the site.

User-Generated Content (UGC)
You own what you post, but grant us a free, worldwide, perpetual license to use, modify, and distribute it. You are responsible for all content you post — do not post anything unlawful, harmful, false, or infringing. We may remove, block, or disclose UGC at any time and may terminate your access for violations. We will not be liable in any way for any UGC, and we are not liable for any loss or damage of any kind.

User-Provided Content (UPC)

By submitting opt-in information, which may include but not limited to names, email address, phone numbers, equipment type model, year, manufacturer numbers or similar codes, and other information related to the services, the property, or you. You agree that the information you provide is accurate, complete, and up to date.

Information collected by Company while providing services
In the course of providing services and any UPC or UGC, Company may collect information related to your property, appliances, and other aspects of the services performed, including but not limited to model numbers, serial numbers, and appliance condition data. This information may be used to provide additional services, recommendations, customer service, transactional updates, transactional services with third parties, or offers to you, and may be shared with third-party partners including, but not limited to, affiliated companies, service providers, parts distributors, and insurance companies. By accepting services from Company, you consent to the collection, use, and distribution of such information as described herein.

Third Party Links
Company website may contain links to third-party websites or services. We do not control or endorse these third parties and are not responsible or liable for their content, privacy policies, or practices. The Company is not liable for any direct, indirect, incidental, or consequential damages arising from your use any third-party website – use them at your own risk.

Jobber (or similar third-party platforms)

Our business operations are facilitated in part by Jobber (or similar services), a cloud-based field service management software platform that provides scheduling, dispatching, CRM, invoicing, and payment processing services for home and commercial service businesses. By booking services with us, you acknowledge that certain transactional and contact information may be processed through the Jobber platform. We are not responsible for Jobber's independent data practices, which are governed by Jobber's Terms of Service and Privacy Policy.

Your Feedback
Any feedback you submit becomes our property and may be used freely without compensation to you. We are entitled to practice, exploit, use, copy, make, display, improve, perform publicly, distribute, and modify any Feedback you submit for our purposes without restriction or compensation to you in any way.

Your Account Responsibilities
Keep your login credentials private. You are responsible for all activity under your account. Report any unauthorized access immediately.

Disclaimers
This site and its content are provided "as is" with no representations or warranties of any kind with respect to the site or its content, or any product promoted or service available through this site. We do not guarantee accuracy, uninterrupted service, or fitness for any particular purpose. Use the site at your own risk.

Limitation of Liability
To the fullest extent permitted by law, Fortly, LLC and its affiliates, shareholders, owners, agents, contractors, officers, directors, employees, and other representatives are not liable for any direct, indirect, incidental, or consequential damages arising from your use of this site. If any part of this limitation is found invalid, our total liability shall be limited and not exceed $15.00.

Limitation of Liability for Services & Property Damage
To the fullest extent permitted by applicable law, Fortly LLC, its affiliates, shareholders, owners, agents, contractors, officers, directors, employees, and other representatives shall not be responsible or liable — under any theory of liability, whether in contract, tort, negligence, strict liability, or otherwise — for any damage, loss, destruction, malfunction, or deterioration of any appliance, equipment, fixture, or other personal property, whether arising out of or related to the services provided by us, now or at any time in the future.

Furthermore, we shall not be responsible or liable for any perceived damages, consequential damages, indirect damages, incidental damages, special damages, punitive damages, or loss of use — including but not limited to loss of income, loss of business, emotional distress, or diminution in value of any property — whether foreseeable or unforeseeable, arising out of or in any way connected to the services performed by us or any of our affiliates, regardless of whether we have been advised of the possibility of such damages.

By scheduling, booking, or accepting services from us, the customer expressly acknowledges and agrees to this limitation and waives any and all claims against us related to property damage or consequential loss, both present and future. If any portion of this limitation is found to be unenforceable, the remaining provisions shall continue in full force and effect, and our total liability in any event shall not exceed the amount paid by the customer for the specific service giving rise to the claim. If any part of this limitation is found invalid, our total liability shall be limited and not exceed $15.00.

Text Messaging
By opting in, you may receive marketing and transactional texts from us. Reply STOP to unsubscribe or HELP for assistance. Message and data rates may apply. Consent is not required to make a purchase. U.S. only; carriers are not liable for delayed messages.

Indemnification
You agree to defend and hold harmless Fortly, LLC and its affiliates, shareholders, owners, agents, contractors, officers, directors, employees, and other representatives from any claims, losses, or legal fees arising from your violation of these Terms or the content you post.

Governing Law
These Terms are governed by the laws of the State of Texas. Any disputes will be resolved in either state or federal court located in the City of Austin, Texas and County of Travis, Texas. You irrevocably consent and submit to the personal jurisdiction of said courts. Provided, however, we retain the right to bring legal proceedings in any jurisdiction the infringement is taking place or originating.

Updates to These Terms
We may update these Terms at any time. This includes, but is not limited to, the terms of sale and delivery of any services. Continued use of the site following any changes constitutes your acceptance of the updated Terms. Any changes will be effective immediately as of the date of any change.

Termination
We reserve the right to terminate or suspend your services or access to our website at any time, for any reason, without notice or any liability.

Company
The terms “we,” “us,” and “our” refer to Fortly, LLC (collectively the “Company”)

Questions

Reach us at book@fortlypro.com